Hernandez v. State

SUE WALKER, JUSTICE,

dissenting

I. Introduction

The majority states that Appellant Jose Hernandez “does not challenge ... the jury’s implicit finding that the putty knife qualified as a deadly weapon under the penal code.” Because I believe that Hernandez raised this issue—particularly when considering our duty to- liberally construe his brief—and because the majority does not address it, I respectfully dissent.

II. Did Hernandez Raise the DeadlyWeapon Issue?

A, Hernandez’s Brief

Hernandez raised the following sole point of error in his brief: ‘Was the evidence at trial.sufficient to sustain the…