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JOHNSON v. STATE

No. PD-0068-11.

364 S.W.3d 292 (2012)

Perry Montez JOHNSON, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

March 21, 2012.

Attorney(s) appearing for the Case

William H. "Bill" Ray , Fort Worth, for appellant.

Sharon A. Johnson , Asst. Crim. D.A., Fort Worth, Lisa C. McMinn , State's Attorney, Austin, for State.

KELLER, P.J., delivered the opinion of the Court in which MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, COCHRAN, and ALCALA, JJ., joined.

The question in this case is whether a variance between the allegations in the charging instrument and the proof at trial renders the evidence legally insufficient to support the conviction. Because the variance in this case involves a non-statutory allegation that does not affect the "allowable unit of prosecution," the variance cannot...

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