Tyra v. State

OPINION

LATTIMORE, Justice.

Appellant, Jimmy Franklin Tyra, was convicted by a jury of the offense of involuntary manslaughter, by accident or mistake when operating a motor vehicle while intoxicated. See TexPenal Code Ann. § 19.05(a)(2) (Vernon 1989). The jury made affirmative deadly weapon and enhancement findings, and assessed punishment at seventeen years confinement in the Institutional Division of the Texas Department of Criminal Justice and a $5,000.00 fine. On appeal Tyra raises four points of error contending that: (1) the trial court erred in submitting the deadly weapon issue to the…