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Hutton v. State

In appellant's first issue, he points out the language "on more than one occasion" was absent from the informations, and argues its absence affected his substantial rights. A defendant forfeits the right to object to a defect of form or substance in an information if he does not object before the date trial commences. Appellant filed a motion taking exception to the substance of the informations, but neither the motion nor appellant's argument to the trial court concerning it complained of omission of the phrase "on more than one occasion." Nothing is preserved for review on the issue presented on appeal. Appellant's first issue is overruled. Amarillo Court of Appeals, Nos. 07-09-00119-CR & 07-09-00120-CR, 05-25-2010

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Before CAMPBELL and PIRTLE and BOYD, S.J. *fn1

OPINION

Appellant Ryan Lance Hutton appeals from his convictions for the offenses of stalking and the resulting concurrent sentences of imprisonment for twenty years in the Institutional Division of the Texas Department of Criminal Justice. Via three issues, appellant contends a defect in the information affected his substantial rights and the evidence presented at trial was legally and factually insufficient to support his conviction. We will modify the judgments and as modified, affirm.

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