Ex Parte Hughes

OPINION

McCORMICK, Judge.

This is a post-conviction application for writ of habeas corpus. Article 11.07, V.A. C.C.P.

Applicant was convicted of burglary of a building with intent to commit theft while armed with a deadly weapon. Punishment was assessed at thirty years.

Applicant alleges that the trial court erroneously entered an affirmative finding that he was armed with a deadly weapon. Applicant asserts that this finding was contrary to Article 42.12, Sec. 3f(a)(2), V.A.C. C.P., which required that the factfinder make an affirmative finding that the defendant used or exhibited a deadly…