Kenneth Elwood Narron, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court held that the indictment sufficiently notified the State of its intent to seek a deadly weapon affirmative finding, but because no separate felony was facilitated by the possession of the shotgun, the affirmative finding of use was erroneous and was deleted; the judgment, as modified, was affirmed. Justice Overstreet filed a partial concurrence/dissent, agreeing on notice but disagreeing that the finding should be barred when possession is the gravamen of the offense.