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HERNANDEZ v. STATE

No. 06-10-00085-CR.

332 S.W.3d 664 (2010)

Eduardo Garduno HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided December 3, 2010.

Opinion on Rehearing Overruled December 29, 2010.

Attorney(s) appearing for the Case

Kimberley M. Miller , Marshall, TX, for Appellant.

Danny Buck Davidson , Panola County Dist. Atty., Carthage, TX, for Appellee.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

OPINION

Opinion by Justice MOSELEY.

Eduardo Garduno Hernandez was sentenced to ten years' imprisonment following his conviction for aggravated kidnapping while using or exhibiting a deadly weapon. TEX. PENAL CODE ANN. § 20.04(b) (Vernon 2003). Hernandez argues that the evidence is legally insufficient1 to support his conviction because the undisputed evidence demonstrates that the weapon alleged in his indictment to have...

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