Garcia v. State

OPINION

DAVID FARRIS, Justice (Assigned).

The appellant, Jose Garcia, stands convicted of Possession of a Deadly Weapon in a Penal Institution. Tex.Pen.Code Ann. § 46.10 (Vernon 1994). On appeal Garcia complains (1) the State’s evidence did not rebut beyond a reasonable doubt his claim to justification by necessity and (2) the trial court erred in failing to instruct the jury on the defense of necessity. We overrule both points of error and affirm the judgment.

Garcia’s conviction was the consequence of a “shank,” a piece of metal sharpened and fashioned into a knife, that he had hidden in his…