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Blount v. State

The Court of Appeals erred in holding that "the appellant was given no written notice of any kind[,] and no reference to a deadly weapon was made in the indictment." Court of Criminal Appeals, No. PD-1645-06

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Womack, J., delivered the opinion of the Court, in which Keller, P.J., and Price, Johnson, Keasler, Hervey, Holcomb, and Cochran, JJ., joined. Meyers, J., dissented.

The question in this case is whether the appellant was given adequate notice that there would be an issue of his use or exhibition of a deadly weapon in the commission of the offense of burglary of a habitation in which he committed or attempted to commit aggravated assault.

This court considered the issue of notice twenty years ago in Ex parte Patterson when it granted habeas corpus relief to a prisoner who had been convicted of murder and whose eligibility for parole was affected by the inclusion in the convicting court’s judgment of an affirmative finding that he used a deadly weapon.*fn1 The basis for relief was not clear since the Court was fragmented and the support for the opinions was not clearly described.*fn2

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