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MARTINEZ v. STATE

No. 244-82.

641 S.W.2d 526 (1982)

Alfredo C. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 20, 1982.

Attorney(s) appearing for the Case

Robert Garza, Brownsville, for appellant.

Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

In its decision the appellate court for the Thirteenth Supreme Judicial District found fundamental error between the indictment and the jury charge. The jury charge on aggravated robbery permitted conviction on a theory not alleged in the indictment. This is analogous to Lee v. State, 577 S.W.2d 736 and...

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