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SMITH v. STATE

No. PD-1805-08.

309 S.W.3d 10 (2010)

Joseph Denver SMITH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied May 5, 2010.

Attorney(s) appearing for the Case

Melissa Martin, Houston, for Appellant.

Alan Curry, Asst. District Attorney, Houston, Jeffrey L. Van Horn, State's Attorney, Austin, for State.

OPINION

KEASLER, J., delivered the unanimous opinion of the Court.

A jury found Joseph Denver Smith guilty of indecent exposure. Before trial, the judge denied Smith's motion to quash, which alleged that the information was fundamentally defective for failing to allege the act or acts relied on to constitute recklessness. We hold that the First Court of Appeals erred in affirming the trial judge's denial1 and conclude...

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