Cates v. State

OPINION

joined by MEYERS, PRICE, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ.

Johnny Weldon Cates, II, was convicted of failing to stop and render aid. We must decide whether the evidence was sufficient to show that his truck was used or exhibited as a deadly weapon during that offense. We conclude that it was not.

Facts

In the early morning hours of December 23, 1998, Brandon Smith was a passenger in Brent Tucker’s ear. Tucker lost control of the vehicle on Spring-Cypress Road in northern Houston. The car struck a concrete culvert, hit a tree, and burst into flames. Tucker pulled Smith out of the…