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CADA v. STATE

No. PD-0754-10.

334 S.W.3d 766 (2011)

Frankie Lee CADA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

February 9, 2011.

Attorney(s) appearing for the Case

James B. Johnston , Hereford, for Appellant.

Tifanee Baker , Asst. D.A., Plainview, Jeffrey L. Van Horn , State's Atty., Austin, for State.

OPINION

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

We granted review of this retaliation case to determine whether a variance between the indictment allegation of one statutory element—the description of the complainant as "a witness"—is material when the proof shows that the complainant was either a "prospective witness" or "an informant"—two different statutory elements.1 The court...

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