ALDACO v. STATE

No. 57526.

576 S.W.2d 641 (1979)

Charles Saldana ALDACO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

February 7, 1979.


Attorney(s) appearing for the Case

Roy T. Ahrens, Houston—on appeal only—for appellant.

Carol S. Vance, Dist. Atty., Phyllis M. Bell and Kenneth W. Sparks, Asst. Dist. Attys., Houston, for the State.

Before DALLY, W. C. DAVIS and CLINTON, JJ.


OPINION

CLINTON, Judge.

Appellant was convicted of aggravated robbery. The jury found him to be an habitual criminal, and punishment was assessed at life. Appellant raises five grounds of error, but the first ground is controlling.

The indictment in this cause alleged in pertinent part that on or about February 14, 1975, appellant did:

"while in the course of committing theft of money and food stamps, owned by Luz Marie Silva, hereafter...

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