Smith v. State

OPINION

TOM G. DAVIS, Judge.

Appellant was convicted by a jury for aggravated robbery. The jury assessed punishment at imprisonment for 40 years. From a judgment and sentence reciting that appellant was convicted of “attempted aggravated robbery,” appellant gave notice of appeal.

The indictment alleged the offense of aggravated robbery under V.T.C.A., Penal Code, Sections 29.02(a)(2) and 29.03(a)(2). In pertinent part, it alleged that, on or about March 18, 1977, the appellant “did then and there while in the course of committing theft and with intent to obtain property of Mr. Warren Garrison…