Mixon v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of murder in a bench trial upon his plea of nolo conten-dere. The trial judge also assessed his punishment, enhanced by a prior conviction, at 60 years confinement in the penitentiary. On direct appeal, appellant raised six points of error addressing the trial judge’s affirmative finding of use of a deadly weapon “to-wit an unknown object.” The court of appeals affirmed appellant’s conviction. Mixon v. State, 781 S.W.2d 345 (Tex.App.—Houston [14th Dist.] 1989). We granted appellant’s petition for discretionary…