GRADY v. STATE

No. 60102.

614 S.W.2d 830 (1981)

Kenneth Ray GRADY, Appellant, v. The STATE of Texas, Appellee.

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

April 29, 1981.


Attorney(s) appearing for the Case

Randy Schaffer, on appeal only, Houston, for appellant.

Carol S. Vance, Dist. Atty., William W. Burge and Candy Elizondo, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before TOM G. DAVIS, McCORMICK and TEAGUE, JJ.


OPINION

McCORMICK, Judge.

This is an appeal from a conviction of aggravated robbery. Because of a prior felony conviction, punishment was enhanced to twenty-five years.

Appellant initially contends fundamental error occurred in the court's charge when it allowed a conviction on a set of facts not alleged in the indictment. The indictment alleged, in pertinent part, that appellant:

"... while in the course of committing theft of property...

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