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GARCIA v. STATE

No. 58581.

595 S.W.2d 533 (1980)

Sammy Torres GARCIA, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied April 2, 1980.

Attorney(s) appearing for the Case

Polk Hornaday, Harlingen, for appellant.

Selden N. Snedeker, Dist. Atty., and Reynaldo S. Cantu, Jr., Asst. Dist. Atty., Brownsville, Robert Huttash, State's Atty., Austin, for the State.

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

OPINION

ONION, Presiding Judge.

This appeal is taken from a conviction for aggravated robbery. Punishment was assessed by the jury at twenty (20) years.

Upon review of the record, we find unassigned fundamental error in the court's charge which requires our review in the interest of justice under Article 40.09, § 13, V.A.C.C.P. Omitting its formal parts, the indictment in this cause alleges that on or about June 23, 1977, in Cameron County,...

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