Eldred v. State

OPINION

W. C. DAVIS, Judge.

Appeal follows a conviction for aggravated robbery where punishment was enhanced to life imprisonment. V.T.C.A. Penal Code, Secs. 31.03 and 12.42(d). Four grounds of error are presented. We affirm.

In his first ground of error, appellant claims error in the refusal of the trial court to grant his specially requested charge on the lesser included offense of theft. Appellant argues that the evidence relied on by the State to establish the aggravated robbery also established a theft; therefore, a charge on theft as a lesser included offense was required. Campbell v.…