Sarmiento v. State

OPINION ON STATE’S MOTION FOR EN BANC RECONSIDERATION

J. HARVEY HUDSON, Justice.

In a unanimous panel opinion, this Court affirmed appellant’s conviction, but reformed the judgment of the trial court to delete an affirmative finding of the use or exhibition of a deadly weapon during the commission of the offense. The panel acknowledged conflicting authority regarding the propriety of an affirmative finding, but was obliged by stare decisis to follow previous panel opinions of this Court. The State has asked that we reconsider our interpretation of Article 42.12 of the Texas Code of Criminal…