Court of Criminal Appeals of Texas

Jay Mahlon Hill And, Linda Maria Lembo Hill, Appellants v. the State of Texas, Appellee

January 10, 19961996 Tex. Crim. App. LEXIS 2

Summary

The Court affirmed the convictions and the 99‑year sentence, holding that an affirmative finding of a deadly weapon is permissible even when the underlying offense is based on an omission, that the omission of the phrase “during the commission of the charged offense” from the special issue did not cause egregious harm, and that the trial court’s submission of the deadly‑weapon issue at the punishment phase was not reversible error.