Bermen v. State

OPINION

SAM BASS, Justice.

Appellant, Hendricks, was convicted of escape, enhanced by two prior felony convictions. The trial judge sentenced appellant to 30 years confinement.

We reverse and order an acquittal.

In his first point of error, appellant argues that the proof did not show that he was “charged” with the offense of theft at the time he allegedly escaped.

The indictment alleged that appellant did: [Ijntentionally and knowingly escape from the custody of S.A. MORROW, employed by the Houston Police Department, after the Defendant was charged with the offense of Theft, a felony while…