MADRIGAL v. STATE

No. 04-88-00078-CR.

768 S.W.2d 909 (1989)

Joe G. MADRIGAL, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

April 5, 1989.


Attorney(s) appearing for the Case

Julie Pollock, Hitchings, Pollock & Bernard, San Antonio, for appellant.

Fred G. Rodriguez, Anne Kelley, William Harris, Jay Brandon, Crim. Dist. Attys., San Antonio, for appellee.

Before BUTTS, REEVES and CARR, JJ.


OPINION

CARR, Justice.

Joe Madrigal appeals his conviction, by a jury, of murder. The jury assessed punishment at life imprisonment in the Texas Department of Corrections.

On August 4, 1981, appellant was indicted for the offense of murder with a "gun." On February 2, 1988, the State filed a notice of intent to seek an affirmative finding of the use or exhibition of a deadly weapon with the clerk of the court. The notice of intent contained a certificate...

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