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JOHNSON v. STATE

No. 60501.

615 S.W.2d 753 (1981)

Charles Edward JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

May 20, 1981.

Attorney(s) appearing for the Case

Benjamin Durant, Houston, for appellant.

Alfred Walker, Asst. State's Atty., and Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.

OPINION

ODOM, Judge.

This is an appeal from a conviction for driving while under the influence of drugs. Punishment was assessed at confinement for thirty days.

At the outset we notice fundamental error in the court's charge to the jury which we will review in the interest of justice. Art. 40.09, Sec. 13, V.A.C.C.P. The information alleged that appellant:

"on or about December 30, 1977, did then...

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