LaFleur v. State

OPINION

joined by KELLER, P.J., and MEYERS, WOMACK, KEASLER, HERVEY, and HOLCOMB, J.J.

Concluding that our prior decision in Davis v. State1 required it to do so, the court of appeals deleted the deadly weapon finding in appellant’s manslaughter judgment.2 In Davis, we held that “deadly weapon” language in a lesser-ineluded manslaughter application paragraph (when a defendant is indicted for committing murder with a specific deadly weapon) is not sufficient to support a deadly weapon finding when the jury returns a guilty verdict on the lesser-ineluded offense if the verdict form does not…