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When you give written notice of intent to seek a deadly weapon finding but the DW is not alleged in the indictment,do you read the notice along with the indictment when the defendant is arraigned before the jury and have him enter a separate plea? Do you save it for punishment or what?

The victime died, but the case is indicted as serious bodily injury not alleging the weapon. I assume you voir dire as though it were included?

Do you put the weapon (Feet and boots)allegation in the application paragraph or only in a separate finding?

Can't believe in all these years I've not done one like this before. Thanks
 
Posts: 130 | Location: Texas | Registered: October 12, 2006Reply With QuoteReport This Post
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I don't believe you have to read the notice at the arraignment. It's just that, notice to the defendant that you're seeking the finding. You would definitely voir dire on it. It would be included in a separate deadly weapon finding, not the application paragraph, since it wasn't alleged in the indictment.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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