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

Summary

The Court affirmed the convictions and the 99‑year sentence, holding that the State may obtain an affirmative deadly‑weapon finding even when the underlying offense is an omission, provided the weapon was used in a manner capable of causing death or serious bodily injury. The Court also held that the omission of the phrase “during the commission of the charged offense” from the special issue instruction did not constitute reversible error and that the two parole instructions given at the punishment phase were not erroneous because the appellants invited the error.