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 Arthur Flores's murder conviction and held that the trial court's affirmative finding that the defendant used or exhibited a handgun was invalid because the jury did not make such a finding under the law of parties; the judgment was reformed to delete that finding. Justice Clinton, in a concurring opinion, agreed with the result but argued that the trial court’s finding was procedurally proper under the statutes.