Walton v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for robbery, where a life sentence was imposed by the court following a jury verdict which included a finding that the appellant had been twice before convicted of felonies. See V.T.C.A., Penal Code, § 12.42(d).

At the outset we are confronted with appellant’s contention that the court erred in overruling his objection to the court’s charge at the guilt stage of the trial authorizing a conviction upon a theory or theories not charged in the indictment.

V.T.C.A., Penal Code, § 29.02, provides:

“(a) A person commits an offense if,…