Adame v. State

OPINION

in which KELLER, P.J., WOMACK, KEALSER, HOLCOMB, and COCHRAN, JJ., joined.

We exercised our discretionary authority to decide whether evidence that appellant used a BB gun during a convenience store robbery was sufficient to support the jury’s finding that appellant used a deadly weapon. See Adame v. State, 37 S.W.3d 141, 143-44 (Tex.App.-Waco 2001, pet. granted). We decide that the evidence was sufficient to support the jury’s deadly weapon finding.

According to the evidence at trial, appellant entered a convenience store with a gun concealed under his sweatshirt. The store clerk feared…