Frank Edward Fann, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals affirmed the conviction but ordered the judgment of conviction to be reformed by deleting an unauthorized affirmative finding that the appellant used a deadly weapon, holding that such findings must be made by the jury. It also held that the appellant waived any challenge to the transfer order because he failed to raise the issue in the trial court, so the transfer was valid. Justice TEAGUE’s dissent argued that the record contains no support for the deadly‑weapon finding and criticized the majority’s reasoning.