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CLEMENTS v. STATE

No. 57299.

576 S.W.2d 390 (1979)

Steven Roy CLEMENTS, Appellant, v. The STATE of Texas, Appellee.

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

January 24, 1979.

Attorney(s) appearing for the Case

Will Gray, Houston, on appeal only for appellant.

Carol S. Vance, Dist. Atty., Ned B. Morris, and Henry K. Oncken, Asst. Dist. Attys., Houston, for the State.

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

OPINION

DALLY, Judge.

This is an appeal from a conviction for aggravated robbery; the punishment, enhanced by two prior felony convictions, is imprisonment for life.

The appellant asserts that he is entitled to a reversal of the judgment because the charge authorizes the jury to convict him on a theory not alleged in the indictment.

In the indictment it is alleged that the appellant:

"... did then and there unlawfully commit an offense...

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