Wheeler J. Hogue v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN

NO. 3-92-213-CR

WHEELER J. HOGUE,

APPELLANT

vs.

THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 40,542, HONORABLE STANTON B. PEMBERTON, JUDGE PRESIDING

The district court found appellant guilty of forgery. Tex. Penal Code Ann. § 32.21 (West 1989 & Supp. 1992). The court assessed punishment, enhanced by a previous felony conviction, at imprisonment for five years, probated.

Appellant passed a forged check at a Killeen bank. His only point of error is that there is a fatal variance between the…