Donny Davis, Appellant v. the State of Texas

Summary

The Court held that the trial court erred in entering a nunc pro tunc deadly weapon finding because none of the three Polk methods for an express finding were satisfied, and ordered the finding stricken. The judgment, after deletion of the improper finding, was affirmed. Justice Mansfield dissented, arguing that the jury charge’s explicit language created a sufficient express finding and that the majority misapplied precedent.