SARMIENTO v. STATE

No. 14-00-01297-CR.

93 S.W.3d 566 (2002)

Francisco Javier SARMIENTO, Appellant, v. The STATE of Texas, Appellee.

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

November 14, 2002.


Attorney(s) appearing for the Case

Yalila Guerrero, Houston, for appellants.

Kelly Ann Smith, Houston, for appellees.

Before the court en banc.


OPINION ON STATE'S MOTION FOR EN BANC RECONSIDERATION

J. HARVEY HUDSON, Justice.

In a unanimous panel opinion, this Court affirmed appellant's conviction, but reformed the judgment of the trial court to delete an affirmative finding of the use or exhibition of a deadly weapon during the commission of the offense. The panel acknowledged conflicting authority regarding the propriety of an affirmative finding, but was obliged by stare decisis to follow...

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