CATES v. STATE

No. 421-02.

102 S.W.3d 735 (2003)

Johnny Weldon CATES, II, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

April 16, 2003.


Attorney(s) appearing for the Case

W. Troy McKinney, Houston, for Appellant.

William J. Delmore, III, Asst. DA, Houston, Matthew Paul, State's Atty., Austin, for State.


OPINION

KEASLER, J., delivered the opinion of the Court joined by MEYERS, PRICE, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ.

Johnny Weldon Cates, II, was convicted of failing to stop and render aid. We must decide whether the evidence was sufficient to show that his truck was used or exhibited as a deadly weapon during that offense. We conclude that it was not.

Facts

In the early morning hours of December 23, 1998, Brandon Smith was a passenger...

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