Flenteroy v. State

OPINION

in which KELLER, PJ., PRICE, WOMACK, KEASLER, and COCHRAN, JJ., joined'.

The controlling issue in this case is whether a variance between a deadly weapon allegation in the indictment (a “screwdriver”) and the proof at trial (a “hard metal-like object”) is material. We decide that this variance is not material.1

*407One count of a two-count indictment charged that appellant committed the offense of unauthorized use of the victim’s car.2 The other count of the indictment charged that appellant committed the offense of aggravated robbery by using or exhibiting a deadly weapon (a “screwdriver”)…