Johnson v. State

in which MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, COCHRAN, and ALCALA, JJ., joined.

The question in this case is whether a variance between the allegations in the charging instrument and the proof at trial renders the evidence legally insufficient to support the conviction. Because the variance in this case involves a non-statutory allegation that does not affect the “allowable unit of prosecution,” the variance cannot render the evidence legally insufficient to support a conviction. We shall affirm the judgment of the court of appeals.

I. BACKGROUND

Appellant was indicted for various counts of…