When Will a Motion to Quash Be Successful In Texas ?
A motion to quash should be granted only where the language regarding the accused's conduct is so vague or indefinite that it fails to give the accused adequate notice of the acts he allegedly committed. DeVaughn, 749 S.W.2d at 67.
To survive a motion to quash, the information must allege facts necessary to show the offense was committed, be specific enough to bar a subsequent prosecution for the same offense, and to give the accused notice of the charged offense. Id.; Walker, 828 S.W.2d at 489-90.
We review the trial court's denial of a motion to quash under an abuse of discretion standard. See Thomas, 621 S.W.2d at 163; Karnes v. State, 873 S.W.2d 92, 100 (Tex. App.--Dallas 1994, no pet.).
An information should set out in ordinary and concise language and with sufficient certainty as to enable a person to understand what is meant and to give proper notice as to the offense she is being charged with. TEX. CODE CRIM. PROC. ANN. art. 21.11 (Vernon 1994).
An accused in a criminal case is guaranteed the right to demand the nature and cause of action against him. DeVaughn v. State, 749 S.W.2d 62, 67 (Tex. Crim. App. 1988).
The charging instrument itself must convey adequate notice from which the accused may prepare his defense. State v. Carter, 810 S.W.2d 197, 199 (Tex. Crim. App. 1991).
"Subject to rare exceptions, an information which tracks the language of the ... statute will be legally sufficient and the State need not allege facts which are merely evidentiary in nature." DeVaughn, 749 S.W.2d at 67; see also Thomas v. State, 621 S.W.2d 158, 161 (Tex. Crim. App. 1981) (op. on reh'g); Walker v. State, 828 S.W.2d 485, 490 (Tex. App.--Dallas 1992, pet. ref'd).