Freda v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of attempted arson and after a finding that appellant was an habitual criminal he was sentenced to life imprisonment at the Texas Department of Corrections.

Appellant argued on direct appeal that there was a fatal variance between one of the enhancing felonies charged in the indictment and the proof presented at the punishment phase of trial. Specifically, the indictment alleges that appellant was previously convicted of the “felony of Bank Robbery” while the proof shows that appellant had been…