Whatley v. State

OPINION

BISSETT, Justice (Assigned).

Appellant pleaded guilty to aggravated robbery, and the trial court, after finding the enhancement paragraph true, assessed punishment at sixty years in prison. Appellant raises two points of error, claiming that he should be acquitted because he was only indicted for robbery and because the evidence will not sustain a conviction for aggravated robbery. We affirm the trial court’s judgment.

The body of the indictment states, in pertinent part:... the Defendant, heretofore on or about August 31, 1990, did then and there unlawfully while in the course of…