Ex Parte Brooks

OPINION

This is a post-conviction application for a writ of habeas corpus transmitted to this Court pursuant to Article 11.07, V.A.C.C.P. The applicant was convicted of the offense of murder, punishment was assessed at thirty five years in the Texas Department of Corrections. On direct appeal the conviction was affirmed in an unpublished opinion. Brooks v. State, No. 09-84-00025-CR, delivered October 10, 1984 (Tex.App.—Beaumont).

Applicant contends that although an affirmative finding concerning the use or exhibition of a deadly weapon was not entered specifically in the judgment by the trial…