Guerrero v. State

Opinion

BRIAN QUINN, Chief Justice.

The case before us involves the effect that the absence of an affirmative deadly weapon finding in the judgment has upon a conviction for an offense wherein the use of a deadly weapon is an element of the offense. According to appellant, Julian J. Guerrero, that circumstance rendered void the punishment assessed upon his being found guilty of aggravated assault. We overrule the contention.

The State alleged, via its indictment, that appellant “did then and there intentionally and knowingly threaten Frances Cervantez with imminent bodily injury and did then and…