Pena Cortez v. State

OPINION

KENNEDY, Justice.

Appellant was tried and convicted by a jury of robbery and sentenced by the court to fifteen years’ imprisonment. The State did not file a brief in this appeal.

In its judgment, the court included a finding that:

[Appellant] used and exhibited a deadly weapon during the commission of this offense and that the deadly weapon used by and exhibited by the Defendant was a firearm, this affirmative finding is made *714a part of the judgment of the court in accordance with the provision of Article 42.12 Sec. 3f(a)(2) Code of Criminal Procedure of the State of Texas.1

Appellant’s…