Guerrero v. State

OPINION

ESQUIVEL, Justice.

Appellant Lionel Albert Guerrero files this appeal from a conviction for forgery by passing pursuant to Tex.Penal Code Ann. § 32.21(a)(1)(B). (Vernon 1974).

Appellant was found guilty by a jury and found to have been convicted of two previous felonies as alleged in the indictment. His punishment was assessed at life imprisonment.

We observe that there is a variance between the allegations set forth in the indictment and the proof offered during the trial by the State. We therefore agree with appellant’s contention that the evidence is insufficient to sustain the…