Magana v. State

OPINION

Opinion by

KAREN ANGELINI, Justice.

Jesse P. Magana was convicted by a jury of aggravated assault with a deadly weapon. He was sentenced to eight years imprisonment. On appeal, Magana claims the evidence is legally and factually insufficient to support the jury’s verdict because the pocket knife he used was not a deadly weapon as defined by the Texas Penal Code. See Tex. Penal Code Ann. § 1.07(a)(17)(A), (B) (Vernon 2003).

Factual and Procedural Background

Jesse and Veronica Magana, although married for about eight years, had an “off and on” relationship. According to Veronica, on the…