Johnson v. State of Texas

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

McCORMICK, Presiding Judge.

Appellant, Ray Charles Johnson, was convicted of burglary of a building. After the jury determined that an enhancement allegation was true, it assessed a sentence of sixty years’ confinement. In addition to assessing a term of imprisonment, the jury, after the trial court submitted a special instruction to it over appellant’s objection, found that appellant used or exhibited a deadly weapon during the commission of the offense. The conviction was affirmed on appeal by the Waco Court of Appeals in an unpublished…