Grady v. State

OPINION

McCORMICK, Judge.

This is an appeal from a conviction of aggravated robbery. Because of a prior felony conviction, punishment was enhanced to twenty-five years.

Appellant initially contends fundamental error occurred in the court’s charge when it allowed a conviction on a set of facts not alleged in the indictment. The indictment alleged, in pertinent part, that appellant:

"... while in the course of committing theft of property owned by LOUISE COPE, hereafter styled the Complainant, and with intent to obtain and maintain control of the property, intentionally and knowingly threaten and…