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RIVERA v. STATE

No. 04-07-00247-CR.

271 S.W.3d 301 (2008)

Juan RIVERA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

August 13, 2008.

Attorney(s) appearing for the Case

Michael V. Garcia, Alice, TX, for Appellant.

Joe Frank Garza, District Attorney— 79th Judicial District, Jim Wells & Brooks Counties, Alice, TX, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by STEVEN C. HILBIG, Justice.

A jury convicted appellant Juan Rivera, Jr. of aggravated assault with a deadly weapon. On appeal, appellant contends the evidence is legally and factually insufficient to establish he used or exhibited a deadly weapon. Because we agree the evidence is factually insufficient to sustain the deadly weapon finding, we reverse and remand for a new trial.

BACKGROUND

Justin Lerma, the complainant...

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