GONZALES v. STATE

No. B14-84-622-CR.

697 S.W.2d 35 (1985)

Modesto GONZALES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 15, 1985.


Attorney(s) appearing for the Case

Henry L. Burkholder, III, Houston, for appellant.

John B. Holmes, Dist. Atty., Don Clemmer, Asst. Dist. Atty., Houston, for appellee.

Before PAUL PRESSLER, MURPHY and DRAUGHN, JJ.


OPINION

MURPHY, Justice.

Appellant was found guilty in a jury trial of aggravated robbery. The jury assessed appellant's punishment at confinement in the Texas Department of Corrections for ten years. In five grounds of error, appellant complains of findings made by the trial court and entered on the judgment, failure of the court to apply the law of mistake of fact in the charging instrument and sufficiency of the evidence. We reform the judgment and affirm...

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