REZA v. STATE

No. 13-81-138-CR.

649 S.W.2d 686 (1983)

Gilberto REZA, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

February 24, 1983.


Attorney(s) appearing for the Case

John L. Carrington, Harlingen, for appellant.

Reynaldo Cantu, Jr., Criminal Dist. Atty., Brownsville, for appellee.

Before NYE, C.J., and UTTER and GONZALEZ, JJ.


OPINION

UTTER, Justice.

Appellant was convicted of attempted murder by a jury; punishment, imposed by the court, was assessed at five years imprisonment. We affirm.

Appellant contends in his sole ground of error that fundamental error existed in the charge to the jury because the jury was authorized to convict him on a theory not alleged in the indictment.

The pertinent portion of the indictment stated that appellant:

... did then...

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