Martinez v. State

OPINION

UTTER, Justice.

This is an appeal from a conviction of aggravated robbery. After the jury found appellant guilty, it assessed punishment at 25 years in the Texas Department of Corrections.

In his sole ground of error, appellant contends that the application clause of the court’s charge failed to submit an essential element of the offense, namely, the element that the violent conduct was committed, as alleged in the indictment, “with the intent to obtain and maintain control over the property”.

The application clause reads as follows: “Now if you find from the evidence beyond a reasonable…