LEE v. STATE

No. 56469.

577 S.W.2d 736 (1979)

James Elbert LEE, Appellant, v. The STATE of Texas, Appellee.

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

March 7, 1979.


Attorney(s) appearing for the Case

John W. Cliff, Jr., Odessa, for appellant.

Before DOUGLAS, ROBERTS and ODOM, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated robbery in which punishment was assessed at 25 years.

At the outset we observe fundamental error that requires reversal in the interest of justice. Art. 40.09(13), V.A.C.C.P. The jury charge authorized conviction on a theory not alleged in the indictment, and this type of error is fundamental. Art. 36.19, V.A.C.C.P.

The indictment alleged, inter alia, that appellant committed...

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