Kenneth Elwood Narron v. State Texas

Appellant was charged by indictment with the offense of possession of a prohibited weapon, alleged to have been committed on or about June 2, 1989. On April 5, 1990 in the 29th Judicial District Court of Palo Pinto County, Texas, appellant was found guilty by a jury. The trial court then assessed punishment at twenty years confinement in the Texas Department of Corrections and a fine of $2,000.00, and entered an affirmative finding of deadly weapon use. The Eleventh Court of Appeals held that the above-described indictment allegation provided sufficient notice and affirmed the conviction and sentence. Narron v. State, No. 11-90-162-CR (Tex.App. - Eastland, delivered May 23, 1991). We granted appellants sole ground for review which complains about the propriety of entry of that affirmative finding.