WILLIAMS v. STATE

No. 65970.

612 S.W.2d 934 (1981)

Larry WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

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

March 18, 1981.


Attorney(s) appearing for the Case

Joe Scott Evans, Groveton (Court-appointed), for appellant.

Joe L. Price, Dist. Atty. and Travis E. Kitchens, Jr., Asst. Dist. Atty., Groveton, Robert Huttash, State's Atty., Austin, for the State.

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


OPINION

TEAGUE, Judge.

This is an appeal from a conviction for robbery in which punishment was assessed at 25 years. Counsel filed a frivolous appeal brief but, at the outset, we observed 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, and error of this type is fundamental. Art. 36...

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