Ex Parte Jerry McReed Patterson

Summary

The Court held that due process requires the State to give notice that it will seek an affirmative finding that a deadly weapon was used or exhibited, and that such notice must be pleaded, though it need not be in the indictment itself. Accordingly, the trial court's judgment was ordered reformed to delete the jury's affirmative finding on the special issue. The Court also noted that the lack of such notice violated the inmate's liberty interest under the Texas Constitution. Justice Miller filed a concurring opinion agreeing with the majority and emphasizing the Long case pleading rationale.