Walker v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

Appellant plead guilty to the offense of involuntary manslaughter by accident or mistake resulting from the operation of a motor vehicle while intoxicated. Tex. Penal Code Ann. § 19.05(a)(2). The jury assessed punishment at fifteen years confinement and an $8,000 fine. Tex. Penal Code Ann. § 12.33. Additionally, the jury made an affirmative finding that appellant “used” his motor vehicle as a deadly weapon in the commission of the offense. Tex.Code Crim.Proc.Ann. art. 42.12, § 3g(a)(2); and, art. 42.18, § 8(b)(3) 1 The Court…