Daniel Joseph Luken, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court held that an affirmative finding of use or exhibition of a deadly weapon must be supported by a written pleading, that failure to plead such does not waive objection under Article 1.14(b), and that the submission of the special issue at the guilt stage did not cause egregious harm, so the conviction stands. It also vacated the appellate judgment and remanded for the Court of Appeals to remeasure the harm of the Rose error under Rule 81(b)(2).