Berry v. State

OPINION

VANCE, Justice.

Marion Berry was convicted by a jury of possession of a deadly weapon in a penal institution, for which he was assessed 12½ years in prison. Tex. Penal Code Ann. § 1.07(a)(ll)(A), (B) (Vernon 1974) & § 46.-11(a)(2) (Vernon 1989). He appeals on a single point alleging that the evidence was insufficient to show that the instrument possessed was a deadly weapon. We will overrule the point and affirm the judgment.

Berry is an inmate at the Ferguson Unit of the Texas Department of Criminal Justice (TDCJ). Charles Barrington, an employee with the TDCJ, testified that he heard a…