Chavez v. State

OPINION

W.C. DAVIS, Judge.

A jury found appellant guilty of murder under V.T.C.A. Penal Code, § 19.02(a)(2). The trial court sentenced appellant to thirty years’ confinement.

Appellant contends that his conviction is invalid because the second paragraph of the indictment is fundamentally defective in that it lacks an essential intent element. Appellant also contends that the trial court erred in including in the judgment a finding that the murder was committed by use of a deadly weapon.

Appellant’s first contention concerning the indictment was addressed by this Court in Lugo-Lugo v. State, 650…