Garcia v. State , 1998 Tex. Crim. App. LEXIS 160 ( 1998 )

KELLER, Judge,

concurring.

I join the majority opinion. In my view, any Due Process concern that might be posed by an indictment that covers a large period of time can be addressed through a continuance. If a defendant can show that he was unfairly surprised by the allegations developed at trial, he would be entitled to a continuance. Appellant does not allege or show that he was unfairly surprised by the evidence as it developed in the present case.

WOMACK, J., joins.