Lopez v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for robbery. After finding appellant guilty, the jury assessed punishment, enhanced by a prior conviction at 14 years.

In his sole ground of error, appellant challenges the sufficiency of the evidence to support his conviction. He maintains that there was a fatal variance between the allegation and the proof of the complainant’s name. This matter was called to the trial court’s attention after the State rested by way of a motion for instructed verdict.

The indictment in the instant case alleges the complainant’s name as Dionicio D.…