Court of Criminal Appeals of Texas

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

June 24, 19921992 Tex. Crim. App. LEXIS 165

Summary

The Court affirmed the conviction but vacated the affirmative finding of deadly weapon use because the indictment gave notice yet the possession did not facilitate another felony. It held that notice was sufficient, but a deadly‑weapon finding requires an associated felony beyond mere possession. The judgment, minus the finding, was affirmed. Justice WHITE, J., in a concurring opinion, agreed on notice but argued the majority erred in striking the finding.