holding that indictment alleging defendant committed attempted murder by "stabbing with a knife" was proper notice of intent to seek deadly weapon finding
How later courts described this case
- holding that indictment alleging defendant committed attempted murder by "stabbing with a knife" was proper notice of intent to seek deadly weapon finding
- allegation in information that applicant, with intent to commit murder, stabbed victim with knife provided sufficient notice to applicant that State alleged deadly weapon was used in commission of offense
- with the specific intent to commit murder stabbed the victim with a knife
- stabbing with a knife with the specific intent to commit the offense of murder
Written by the judges who cited it.
The opinion
TEAGUE, Judge,
dissenting.
Although I continue to believe that Ex parte Beck, 769 S.W.2d 525 (Tex.Cr.App.1989), was wrongly decided by this Court, *334 and will vote to expressly overrule it if and when the opportunity presents itself, what concerns me in this cause, given what a majority of this Court has written and held in Ex parte Banks, 769 S.W.2d 539 (Tex.Cr.App.1989), and Ex parte Truong, 770 S.W.2d 810 (Tex.Cr.App.1989), regarding this Court’s jurisdiction to decide issues raised in post-conviction applications for the writ of habeas corpus that are filed pursuant to Art. 11.07, V.A.C.C.P., is how Robert Sammy Brown, henceforth applicant, is able to present the contention that he was not given sufficient notice of the State’s intent to seek a deadly weapon pursuant to Art. 11.07 when he has not shown why he could not have raised this issue on direct appeal. Also see Mathews v. State, 768 S.W.2d 731 (Tex.Cr.App.1989). Under Banks and Truong, isn’t applicant using the post-conviction writ process to avoid the direct appeal process?
I believe that the majority opinion owes an explanation to the bench and bar of this State why under Banks and Truong, also see Mathews , applicant can raise the issue he presents pursuant to the provisions of Art. 11.07. Because it fails to do so, I respectfully dissent.