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JOHNSON v. STATE

No. 824-89.

815 S.W.2d 707 (1991)

Steven Mark JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied September 18, 1991.

Attorney(s) appearing for the Case

Ronald D. Hinds, on appeal only, Dallas, for appellant.

J. Frank Long, Dist. Atty., Alwin A. Smith, Asst. Dist. Atty., Sulphur Springs, and Robert Huttash, State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant, Steven Mark Johnson, was convicted of murder in a trial by jury. After making an affirmative finding that appellant used a deadly weapon, the jury assessed punishment at forty years' confinement and a $10,000 fine. The Texarkana Court of Appeals affirmed the conviction and held, inter alia, that (1) appellant was notified in the indictment that "use of...

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