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SMALLWOOD v. STATE

No. 58098.

607 S.W.2d 911 (1980)

Patricia SMALLWOOD, Appellant, v. The STATE of Texas, Appellee.

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

On Rehearing November 19, 1980.

Attorney(s) appearing for the Case

P. David Wahlberg, Austin, for appellant.

Ronald D. Earle, Dist. Atty. and Bill White, Asst. Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.

Philip A. Nelson, Jr. and Charles E. Hardy, Asst. Dist. Attys., Austin, for appellee on rehearing.

Before ONION, P. J., and ROBERTS and CLINTON, JJ.

OPINION

CLINTON, Judge.

Having waived a jury trial, appellant was found guilty by the trial court of the offense of robbery and sentenced to confinement in the Texas Department of Corrections for a term of ten years.

Appellant presents two grounds of error for our consideration, contending that there is a fatal variance between a descriptive allegation in the indictment and the evidence adduced at trial and that the State failed to prove that the...

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