OPINION
ODOM, Judge.
This is an appeal from a conviction for aggravated rape in which punishment was assessed at 99 years.
At the outset we note 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. This type of error is fundamental. Art. 36.19, V.A.C. C.P.
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