GOODEN v. STATE

No. C14-84-794-CR.

692 S.W.2d 562 (1985)

Warren GOODEN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

May 23, 1985.


Attorney(s) appearing for the Case

D. Brooks Cofer, Jr., Bryan, for appellant.

Bill Turner, Dist. Atty., Rodney Boyles, Asst. Dist. Atty., Bryan, for appellee.

Before JUNELL, ROBERTSON and CANNON, JJ.


OPINION

ROBERTSON, Justice.

Appellant pled nolo contendere to the offense of burglary of a habitation, and the jury assessed punishment at seven years confinement. The sole issue on appeal concerns the trial court's submission of an issue to the jury concerning the use of a deadly weapon in the commission of the offense. We affirm.

The indictment did not allege the use of a deadly weapon. However, the evidence clearly showed that both appellant and...

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