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.