Blount v. State

in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The question in this case is whether the appellant was given adequate notice that there would be an issue of his use or exhibition of a deadly weapon in the commission of the offense of burglary of a habitation in which he committed or attempted to commit aggravated assault.

This court considered the issue of notice twenty years ago in Ex parte Patterson when it granted habeas corpus relief to a prisoner who had been convicted of murder and whose eligibility for parole was affected by the inclusion in…