Ex Parte Poe

OPINION

DUNCAN, Judge.

This is a post-conviction application for a writ of habeas corpus transmitted to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant was found guilty before a jury of the offense of murder and punishment was assessed at twenty five years confinement in the Texas Department of Corrections. On direct appeal the conviction was affirmed by the Second Court of Appeals in a published opinion. Poe v. State, 630 S.W. 2d 885 (Tex.App.—Fort Worth 1982, pet. refd).

Applicant contends that an affirmative finding concerning the use or exhibition of a deadly weapon was not…