Court of Criminal Appeals of Texas

Donny Davis, Appellant v. the State of Texas

April 5, 19951995 Tex. Crim. App. LEXIS 40

Summary

The Court held that the trial court erred in entering a nunc pro tunc deadly weapon affirmative finding in a voluntary manslaughter conviction because none of the three statutory methods for such a finding were satisfied, and ordered the finding stricken while affirming the judgment. Justice Mansfield dissented, arguing that the jury charge’s explicit language constituted an express finding of deadly weapon use.