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MAGANA v. STATE

No. 04-06-00180-CR.

230 S.W.3d 411 (2007)

Jesse P. MAGANA, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

June 6, 2007.

Attorney(s) appearing for the Case

Lori O. Rodriguez, Asst. Public Defender, San Antonio, for appellant.

Jessica A. Gonzalez, Asst. Crim. Dist. Atty., San Antonio, for appellee.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by KAREN ANGELINI, Justice.

Jesse P. Magana was convicted by a jury of aggravated assault with a deadly weapon. He was sentenced to eight years imprisonment. On appeal, Magana claims the evidence is legally and factually insufficient to support the jury's verdict because the pocket knife he used was not a deadly weapon as defined by the Texas Penal Code. See TEX. PENAL CODE ANN. § 1.07(a)(17)(A), (B) (Vernon 2003).

FACTUAL...

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