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Ex parte Petty – Case Brief Summary (Texas)

In Ex parte Petty, 833 S.W.2d 145 (Tex. Crim. App. 1992), the defendant was convicted of unlawful possession of a firearm by a felon, and an affirmative finding was made based solely on his unlawful possession of the handgun. See Petty, 833 S.W.2d at 145.

The court wrote, "In order to 'use' a deadly weapon for affirmative finding purposes, the weapon must be utilized to achieve an intended result, namely, the commission of a felony offense separate and distinct from 'mere' possession." Id.

The affirmative finding was impermissible in that case "because there was no associated felony facilitated by the Applicant's possession of the deadly weapon." Petty, 833 S.W.2d at 145-46.