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TEDRICK v. STATE

No. 58232.

582 S.W.2d 466 (1979)

Dale Lee TEDRICK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

June 20, 1979.

Attorney(s) appearing for the Case

E. Neil Lane, Houston, for appellant.

Carol S. Vance, Dist. Atty., Alvin M. Titus and Gerald R. Flatten, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before DOUGLAS, TOM G. DAVIS and DALLY, JJ.

OPINION

DALLY, Judge.

This is an appeal from a conviction for aggravated robbery. Punishment, enhanced by a prior felony conviction, is imprisonment for life.

Appellant urges in a supplemental brief that the trial court's charge contains fundamental error, in that it authorizes a conviction on a theory of aggravated robbery which is not alleged in the indictment.

Sec. 29.03(a) of the penal code provides:

"(a) A person commits an offense...

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