SMITH v. STATE

No. B14-87-00485-CR.

774 S.W.2d 280 (1989)

Vernell SMITH, Appellant, v. The STATE of Texas, Appellee.

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

June 8, 1989.


Attorney(s) appearing for the Case

Sandra Garfinkel, Bob Wicoff, Houston, for appellant.

Lynne Parsons, Houston, for appellee.

Before PAUL PRESSLER, DRAUGHN and ELLIS, JJ.


OPINION ON REHEARING

DRAUGHN, Justice.

In response to the State's Motion for Rehearing, we stayed this appeal and remanded this cause to the trial court for a determination of whether the appellant had requisite notice of the State's intention to seek an affirmative finding on use of a deadly weapon. The trial court has since entered Findings of Fact and Conclusions of Law in this regard. However, the Court of Criminal Appeals in two recent opinions modified...

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