Motion to Make An Amendment to Indictment In Texas
In Thomas v. State, 825 S.W.2d 758, 761 (Tex. App.--Houston [14th Dist.] 1992, no pet.), the trial judge granted the State's motion to make an unspecified amendment to the indictment.
The "amending document" submitted did not reference enhancement allegations found in the original indictment.
The defendant contended the amending document supplanted the original indictment and, therefore, no grounds existed to enhance the defendant's sentence.
The Thomas court held that the State amended only a portion of the original indictment and, thus, part of the original indictment was unaffected.