Flowers v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that for purposes of Article 28.10(c), “a different offense means a different statutory offense”
• concluding that the trial court did not violate article 28.10(c
• stating that “[b]ecause a statute should be interpreted to be effective,” it would not construe a statute in such a way that its language would be nullified
• the amendment which changed ownership allegation did not charge a different offense or a different legal theory, but merely changed the evidence needed to prove the offense
• amendment -8- of indictment to change name of owner of property that was subject of theft charge did not charge “different offense” in violation of statute; different offense meant different statutory offense
• the Section 31.03(b)(3) definition of unlawful appropriation is not an element of the offense, but is an evidentiary matter that need not be alleged in order to sufficiently charge the offense of theft

Source: CourtListener parenthetical corpus (CC0).

Cited by

76 cases in this archive cite this case; the 20 most cited are listed.

• Sledge v. State
  Court of Criminal Appeals of Texas· 1997-09-10· cited 527×
• Duron v. State
  Court of Criminal Appeals of Texas· 1997-10-08· cited 440×
• Burks v. State
  Court of Criminal Appeals of Texas· 1994-03-09· cited 436×
• Gray v. State
  Court of Criminal Appeals of Texas· 2004-12-15· cited 256×
• Martinez v. State
  Court of Criminal Appeals of Texas· 2007-06-06· cited 106×
• Johnson v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2006-07-26· cited 67×
• Trejos v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2007-11-07· cited 47×
• Chavis v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2005-09-28· cited 34×
• Tobias v. State
  Court of Appeals of Texas· 1994-10-05· cited 26×
• Nichols v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 2001-08-02· cited 25×
• Carpenter v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1997-12-03· cited 22×
• Stautzenberger v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2007-08-07· cited 21×
• Tollett v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2007-04-05· cited 20×
• Lewis v. State
  Court of Appeals of Texas· 1994-12-07· cited 16×
• Luna v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2008-07-24· cited 15×
• State v. Verhoeven
  Court of Appeals of Texas· 2004-11-04· cited 11×
• Garth v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1999-10-01· cited 9×
• Brown v. State
  Court of Appeals of Texas· 2004-12-30· cited 9×
• Hosier v. State
  Court of Appeals of Alaska· 2000-03-17· cited 9×
• Herman P. Gullatt, Jr. v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2011-08-24· cited 9×