Brown v. State (1991)

In Brown v. State, 828 S.W.2d 762, 763 (Tex. Crim. App. 1991), an arson case, the indictment named "Yolander Evette Weeks" as the owner of the habitation at issue. Id. Proof at trial demonstrated that the complainant's first name was actually "Yolanda," and the State moved to strike "Yolander" from the indictment as mere surplusage. Id. The trial court did so, over Brown's objection, and the jury charge named "Evette Weeks" as the owner of the habitation. Id. The Court of Criminal Appeals held that this change was an impermissible trial amendment under article 28.10(b) that was subject to defendant's absolute veto and was not subject to harm analysis on appeal. Id. at 763-64.