Deltenre v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was charged with the offense of escape from the Montague County Jail. V.T.C.A. Penal Code Sec. 38.07. Appellant pled not guilty. A jury rendered a verdict of guilty and assessed punishment at 45 years imprisonment. In the court of appeals, appellant raised three points of error, i.e., alleging a fatal variance between the indictment and the proof, insufficiency of evidence, and jury charge error. In addressing the sufficiency question, vis-a-vis a fatal variance, the court of appeals reversed his conviction and…