State of Texas v. Posey, Cody Joe

IN THE COURT OF CRIMINAL APPEALS OF TEXAS Nos. PD-0034-10 and PD-0035-10 THE STATE OF TEXAS v. CODY JOE POSEY, Appellee ON APPELLEE’S PETITIONS FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS LAMAR COUNTY J OHNSON, J., delivered the opinion for a unanimous Court. K EASLER, J., filed a concurring opinion, in which H ERVEY and C OCHRAN, JJ. join. OPINION A jury convicted appellee of two criminally negligent homicides, alleged in separate indictments. The jury found that the motor vehicle driven by appellee in the commission of these offenses was used or exhibited as a deadly weapon,…