Cleland v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for robbery. After a trial by jury, the trial judge assessed the appellant’s punishment at fifteen years’ confinement in the Texas Department of Corrections.

The record reflects that the appellant sprayed mace in the eyes of the manager of a service station in Houston and took money from the cash register in the station. The appellant was apprehended fleeing from the scene of the crime.

At the outset, we are confronted with fundamental error in the charge which dictates that we reverse the judgment.

V.T.C.A., Penal Code, Section 29.02(a)…