Quiroz v. State

Phipps, Judge.

On appeal from his conviction for aggravated assault, Alfredo Quiroz argues that a fatal variance existed between the allegations of the indictment and the proof; that the evidence was insufficient; and that the trial court erred when it denied his motion in limine concerning a prior conviction, when it instructed the jury to decide which of the allegations contained in the indictment were essential elements of the crime, and when it denied his motion for a continuance. Because the trial court left an erroneous impression as to which allegations of the indictment were material,…