CASTILLO v. STATE

No. 14-95-01312-CR.

944 S.W.2d 440 (1997)

Robert CASTILLO, Appellant, v. The STATE of Texas, Appellee.

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

April 3, 1997.


Attorney(s) appearing for the Case

J.C. Castillo, Houston, for appellant.

Calvin A. Hartman, Houston, for appellee.

Before YATES, HUDSON and FOWLER, JJ.


OPINION

YATES, Justice.

In this appeal, we must determine whether the trial court committed fundamental error by presenting a charge that included the theory of robbery by bodily injury when that theory was not specifically alleged in the indictment. We affirm.

A grand jury indicted appellant, Robert Castillo, for aggravated robbery. At trial, the jury found him guilty of robbery. Appellant asserts the trial court committed fundamental error by instructing...

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