Rocha v. State

OPINION

TEAGUE, Judge.

This is an appeal from a conviction for committing the offense of aggravated assault on an indictment charging the offense of attempted murder. Punishment was assessed by the jury at 10 years’ confinement in the penitentiary but it recommended probation.

At the outset we note fundamental error which must be considered in the interest of justice. See Art. 40.09(13), V.A.C.C.P.

The indictment in this cause alleged that the appellant did:

then and there knowingly and intentionally attempt to cause the death of Victor Velasquez, an individual, by shooting the said Victor…