Legal Opinion · Dissent

Rodriquez v. State

Court of Appeals of Texas

Decided June 6, 1994No. 05-93-00832-CRPublished

1DissentOvard, Justice

I respectfully dissent. I disagree with the majority’s conclusion that the trial court lacked sufficient facts to find that the appellant displayed or exhibited a firearm during *447the commission of the delivery of cocaine offense.

APPLICABLE LAW

As the majority acknowledges, the test is whether the testimony showed that the deadly weapon facilitated the commission of the associated offense. See Narron v. State, 835 S.W.2d 642, 644 (Tex.Crim.App.1992); Jackson v. State, 857 S.W.2d 678, 682 (Tex.App.— Houston [14th Dist.] 1993, pet. ref'd). The weapon must be utilized to achieve an intended result,…

2Cases cited5 opinions

  1. Narron v. StateCourt of Criminal Appeals of Texas · 1992
  2. Wynn v. StateCourt of Criminal Appeals of Texas · 1993
  3. Wynn v. State, Texas Court of Appeals, 1st District (Houston)1993
  4. Jackson v. StateCourt of Appeals of Texas · 1993
  5. Osborne v. StateCourt of Appeals of Texas · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API