Court of Criminal Appeals of Texas

Michael Winn Lafleur, Appellant v. the State of Texas

May 21, 20032003 Tex. Crim. App. LEXIS 98

Summary

The Court held that a trial court may enter a deadly weapon finding based on the express language in the application paragraph of a lesser‑included offense jury charge when the indictment also alleges a deadly weapon, overturning Davis and reinstating the finding in Lafleur's manslaughter conviction. The decision reversed the Court of Appeals, affirmed the trial court judgment, and was joined by concurring opinions and a dissent arguing for stare decisis.