Taylor v. State

OPINION

GILBERTO HINOJOSA, Justice.

A jury found appellant guilty of attempted capital murder and assessed his punishment at 75 years in prison. We affirm.

*726In point of error one, appellant contends that the trial court erred in submitting a special issue to the jury concerning his use of a deadly weapon. The jury found that appellant used a deadly weapon during the commission of the offense, and the trial court included the affirmative finding in its judgment.

In order for the trial court to properly submit a deadly weapon issue to the jury, the State must allege use or exhibition of a deadly…