Felon In Possession case. Weapon found in Def. room along w/ ammunition. Within the 5 year prohibition, but the indictment alledging the Prior conviction has incorrect Casue number and references Agg. Robbery instead of conviction of robbery.

Trial has commenced when problem discovered.

Is this Fatal? I don't think we can ammend under CCP 28.10.

Don't get caught up in hypertechnicalities. These are the days of "notice pleading." The question is whether the D had sufficient notice to know which conviction you are using. Check Sims v State, 84 SW3d 768(Tex App-Dallas 2002) and the cases the Dallas court cites there.