McFarland v. State

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for forgery by possession. Following his plea of guilty, appellant’s punishment was assessed at six years.

At the outset, we are confronted with fundamental error which requires reversal in the interest of justice. Art. 40.09(13), V.A.C.C.P.

The indictment under which appellant was prosecuted alleges in pertinent part that appellant did:

“... unlawfully without authority and with intent to defraud and harm, forge the writing duplicated below by possessing it with intent to utter it while knowing it was forged: ...”

It has been held that…