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GUERRERO v. STATE

No. 07-08-0223-CR.

299 S.W.3d 487 (2009)

Julian J. GUERRERO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Amarillo, Panel B.

October 29, 2009.

Attorney(s) appearing for the Case

Jaime O. Lopez, Lopez Law Firm, Lubbock, for appellant.

Jeffrey S. Ford, Asst. Criminal District Attorney, for appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

The case before us involves the effect that the absence of an affirmative deadly weapon finding in the judgment has upon a conviction for an offense wherein the use of a deadly weapon is an element of the offense. According to appellant, Julian J. Guerrero, that circumstance rendered void the punishment assessed upon his being found guilty of aggravated assault. We overrule the contention.

The State alleged...

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