Opinion issued February 10, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00057-CR

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IN RE DANNY RAY MOORE, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

               Relator, Danny Ray Moore, seeks to compel the respondent to vacate an order that he claims “caused the convicting jury to make an affirmative finding of the use of a deadly weapon.” Relator was convicted by a jury of the offense of burglary of a habitation with intent to commit sexual assault on November 13, 1998.

               The petition for writ of mandamus is denied.

               It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Higley, and Bland.