Court of Criminal Appeals of Texas

Arthur Flores, Appellant v. the State of Texas, Appellee

May 29, 19851985 Tex. Crim. App. LEXIS 1396

Summary

The Court affirmed the conviction and the lower court's reform of the judgment, holding that a trial judge may not make an affirmative finding that the defendant used or exhibited a deadly weapon when the jury did not make such a finding, particularly under the law of parties. The decision also clarified the proper procedure for affirmative findings under §3f(a)(2) of the Adult Probation, Parole and Mandatory Supervision Law.