Appellant, Neil Wayne Higginbotham, was convicted of murder and sentenced to 50 years in the Texas Department of Corrections. The Fourteenth Court of Appeals reformed the judgment to delete the affirmative finding, and affirmed appellants conviction. Higginbotham v. State, 769 S.W.2d 265 (Tex. App.--Houston [14th] 1989, pet. granted). We granted appellants petition for discretionary review to decide:
