Johnson v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was charged by indictment with the offense of aggravated sexual assault, V.T.C.A. Penal Code 22.021. Upon a plea of not guilty, a jury found appellant guilty as charged in the indictment. The indictment contained the language "... and in the course of the same criminal episode the defendant used and exhibited a deadly weapon, namely, a firearm ... ”. Submitted to the jury at the guilt/innocence stage of trial was a special issue inquiring into whether appellant used or exhibited a deadly weapon during the commission…