Barrett v. State

OPINION

ONION, Presiding Judge.

Appellant was convicted of aggravated kidnapping. The conviction followed appellant’s guilty plea before the court, a jury having been waived. Punishment was assessed at imprisonment for fifteen (15) years and one (1) day, and this appeal followed.

The indictment consisted of two counts, each purporting to charge the offense of aggravated kidnapping.1 At the conclusion of the evidence, the court found appellant guilty without designating under which count of the indictment that determination was made.2 Since we find the evidence insufficient to sustain a…