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Richards v. State

A non-essential element allegation, such as an allegation that the object used to cause the serious bodily injury was unknown to the grand jury, may properly be excluded from a hypothetically correct charge.

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OPINION

A jury convicted appellant, Dennis Wayne Richards, of the first degree felony offense of injury to a child, namely, his son Laren Richards. *fn2 Appellant entered a plea of true to one enhancement paragraph, *fn3 and the jury assessed his punishment at 60 years confinement. Appellant challenges the trial court’s judgment in eight points of error. We affirm.

In his second point of error, appellant contends the evidence is legally insufficient to support his conviction. Specifically, appellant asserts the State failed to meet its burden to prove that the object used to injure complainant was “unknown to the grand jury” after use of due diligence to determine the nature of the object.

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