Hernandez v. State

OPINION

Opinion by Justice MOSELEY.

Eduardo Garduño Hernandez was sentenced to ten years’ imprisonment following his conviction for aggravated kidnapping while using or exhibiting a deadly weapon. Tex. Penal Code Ann. § 20.04(b) (Vernon 2003). Hernandez argues that the evidence is legally insufficient 1 to support his conviction because the undisputed evidence demonstrates that the weapon alleged in his indictment to have been employed was a toy, which was neither used nor intended to be used as a deadly weapon. We agree with Hernandez and, therefore, modify the judgment to reflect his…