THOMAS v. STATE

No. 59619.

580 S.W.2d 591 (1979)

Rudolph THOMAS, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

May 9, 1979.


Attorney(s) appearing for the Case

Leonard M. Roth, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and John S. Holleman, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and W. C. DAVIS, JJ.


OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for three counts of aggravated robbery. Punishment was assessed at ten (10) years confinement in each count.

Although not raised by appellant, we, in the interest of justice, find fundamental error in each count and reverse. In each count, the charge to the jury authorized conviction under every conceivable theory under V.T.C.A. Penal Code, Sec. 29.02 and Sec. 29.03, rather than limiting...

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