McKAY, Justice.
This appeal is from a conviction for delivery of a controlled substance. Trial was before a jury. Punishment was assessed at ten years confinement and a $5,000 fine.
Appellant's sole ground of error asserts that the trial court committed fundamental error in the court's charge because it authorized conviction on a theory not pleaded in the indictment.
The indictment reads, in part, "did then and there unlawfully, intentionally, and...
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