Ex Parte Petty

OPINION

CAMPBELL, Judge.

This is a post-conviction application for a writ of habeas corpus filed pursuant to Art. 11.07, V.A.C.C.P., in which Applicant challenges an affirmative finding that he used a deadly weapon based solely on his unlawful possession of a handgun.

On October 12, 1990, Applicant pled guilty to unlawful possession of a firearm by a felon and punishment was assessed at confinement for six years in the Texas Department of Criminal Justice, Institutional Division. The trial court entered an affirmative finding that the Applicant used or exhibited a deadly weapon, to-wit, “A…