PORTER v. STATE

No. 59794.

605 S.W.2d 553 (1980)

Dwight PORTER, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied October 15, 1980.


Attorney(s) appearing for the Case

Ward Casey, Donald S. Gandy, Fort Worth, for appellant.

Tim Curry, D. A., Marvin Collins and William D. Kane, Jr., Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction of aggravated robbery. The jury found appellant to be guilty. Punishment was enhanced by a prior robbery conviction and set by the jury at life in prison. Appellant contends that the trial court erred by failing to charge to the jury on the requisite culpable mental state for the offense of aggravated robbery.

Appellant was charged by indictment which stated:

"... ...

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