McNabb v. State

STILLEY, Justice.

The appellant was convicted of aggravated robbery. The jury assessed punishment at 50 years after a finding of true to one enhancement paragraph alleged in the indictment.

Because our review of the record reveals fundamental error, we reverse and remand.

The sufficiency of the evidence is not disputed. The complainant identified the appellant as the person who approached her outside her apartment, asked to use the phone, and later raped her at gun point inside the apartment. The appellant then told her that if she would write him a check, he would not take her stereo and other…