Blankenship v. State

GRANT, Justice.

Ricky Blankenship appeals from a jury conviction for aggravated robbery. The jury assessed his punishment at ten years confinement in the Texas Department of Corrections.

In his sole point of error, Blankenship asserts that the trial court erred by deny ing his motion for a directed verdict and his motion for a mistrial because there was a fatal variance between the allegation of the complainant’s name in the indictment and the proof of the complainant’s name at trial. The indictment charged, in part, that Blankenship

did then and there intentionally, while in the course of…