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Shabazz v. State

Court of Appeals of Texas, Second District, Fort Worth
Jun 9, 2005
No. 2-04-155-CR (Tex. App. Jun. 9, 2005)

Opinion

No. 2-04-155-CR

Delivered: June 9, 2005. DO NOT PUBLISH. Tex.R.App.P.47.2(b).

Appeal from the 371st District Court of Tarrant County.

Panel F: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


In a single point on appeal, appellant contends that the evidence is legally insufficient to support the trial court's deadly weapon finding. Appellant pled guilty and signed a judicial confession stating that he had committed "each and every allegation [the indictment] contains," which alleged that appellant used or exhibited a deadly weapon in committing the offense. At the plea hearing, appellant answered "True" when asked whether he used or exhibited a deadly weapon. We hold that this evidence is sufficient to support the deadly weapon finding. See Keller v. State, 125 S.W.3d 600, 605 (Tex.App.-Houston [1st Dist.] 2003), pet. dism'd, improvidently granted, 146 S.W.3d 677 (Tex.Crim.App. 2004), cert. denied, 125 S. Ct. 1603 (2005); Hunt v. State, 967 S.W.2d 917, 919 (Tex.App.-Beaumont 1998, no pet.); Rankin v. State, No. 02-98-00382-CR, slip op. at 5 (Tex.App.-Fort Worth Mar. 7, 2002, pet. ref'd) (op. on remand) (not designated for publication). We overrule appellant's sole point and affirm the trial court's judgment.


Summaries of

Shabazz v. State

Court of Appeals of Texas, Second District, Fort Worth
Jun 9, 2005
No. 2-04-155-CR (Tex. App. Jun. 9, 2005)
Case details for

Shabazz v. State

Case Details

Full title:YUSOF A. SHABAZZ, Appellant v. THE STATE OF TEXAS, State

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Jun 9, 2005

Citations

No. 2-04-155-CR (Tex. App. Jun. 9, 2005)