Texas Cases Deaing With Affirmative Deadly Weapon Finding

In Marshall v. State, 860 S.W.2d 142, 143 (Tex. App.-Dallas 1993, no pet.), this Court decided this issue against appellant when it held that a trial court did not err in failing to orally pronounce its finding that the defendant used a deadly weapon because an affirmative deadly weapon finding is not part of the defendant's sentence that must be pronounced by the trial court. In Sampson v. State, 983 S.W.2d 842 (Tex. App.-Houston [1st Dist.] 1998, pet. ref'd), the Houston First Court of Appeals held that an affirmative finding of a deadly weapon is not applicable to an order of deferred adjudication when the defendant is placed on community supervision instead of being imprisoned. Id. at 843.