Duran v. .State

CONCURRING OPINION

RICHARDSON, J.,

filed a concurring opinion in which JOHNSON, J., joined.

I agree with the Court’s conclusion that the jury’s guilty verdict in Count I (burglary of a habitation) does not support a deadly weapon finding.1 And, I agree that the conviction in Count II (aggravated assault) should have' been vacated by the court of appeals, leaving a judgment of conviction only on Count L I also agree that the deadly weapon finding should be deleted from the judgment. The State’s abandonment of Count II was tantamount to an acquittal of that offense. Once the State abandoned Count…