Whatley v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

KELLER, Judge.

A jury convicted appellant of solicitation of capital murder1 and assessed punishment at forty years confinement. A deadly weapon special issue was submitted, the jury answered the issue affirmatively, and the trial court entered a deadly weapon finding. The Court of Appeals affirmed. We granted review to consider the propriety of the court of appeals’ disposition of the following issues: (1) whether the State’s notice of intent to seek a deadly weapon finding, the special issue submitted to the jury, and the trial court’s…