BERMEN v. STATE

No. 01-89-00752-CR.

798 S.W.2d 8 (1990)

Johnny BERMEN a.k.a. Johnny Hendricks, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 6, 1990.

Discretionary Review Granted December 19, 1990.


Attorney(s) appearing for the Case

C. Kent Hargis, Houston, for appellant.

John B. Holmes, Jr., Harris Co. Dist. Atty., Calvin Hartman and Kari Sckerl, Asst. Dist. Attys., for appellee.

Before SAM BASS, HUGHES and O'CONNOR, JJ.


OPINION

SAM BASS, Justice.

Appellant, Hendricks, was convicted of escape, enhanced by two prior felony convictions. The trial judge sentenced appellant to 30 years confinement.

We reverse and order an acquittal.

In his first point of error, appellant argues that the proof did not show that he was "charged" with the offense of theft at the time he allegedly escaped.

The indictment alleged that appellant did:

[I]ntentionally...

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