Williams v. State

*935OPINION

TEAGUE, Judge.

This is an appeal from a conviction for robbery in which punishment was assessed at 25 years. Counsel filed a frivolous appeal brief but, at the outset, we observed fundamental error that requires reversal in the interest of justice. Art. 40.09(13), V.A. C.C.P. The jury charge authorized conviction on a theory not alleged in the indictment, and error of this type is fundamental. Art. 36.19, V.A.C.C.P.

The indictment alleged, inter alia, that appellant committed robbery by “placing the complaining witness in fear of imminent bodily injury.” The jury charge, in contrast,…