Kucha v. State

OPINION

McDONALD, Chief Justice.

Appellant appeals from a conviction for Robbery, enhanced, for which he was sentenced to not less than 5 nor more than 27 years confinement in the Texas Department of Corrections.

Appellant was indicted for aggravated robbery, enhanced by allegation of 2 prior convictions for robbery with firearms alleged to have occurred on the same date. The jury found appellant guilty of the lesser included offense of robbery.

The trial court charged on the punishment stage: “If you believe from the evidence beyond a reasonable doubt that prior to the commission of the offense…