Brooks v. State

OPINION

This is a post-conviction application for writ of habeas corpus filed pursuant to Article 11.07, § 2, Y.A.C.C.P. Applicant was convicted after a plea of guilty of burglary of a habitation and the trial court found that a deadly weapon had been used during the commission of the crime. Punishment was assessed at confinement for forty-five years. We filed and set this cause for submission to determine if sufficient notice of the State’s intent to seek an affirmative finding of use or exhibition of a deadly weapon was provided Applicant.

Applicant was charged in two separate indictments…