Kirby Dale Cantrell v. State

OPINION

MACKEY K. HANCOCK, Justice.

Appellant, Kirby Dale Cantrell, was convicted of felony offense of driving while intoxicated and the jury further found, that at the time of commission of the offense, appellant used or exhibited a deadly weapon, to-wit: a motor vehicle. The trial court sentenced appellant to eight years confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant appeals by three issues. We modify the judgment to delete the affirmative finding of a deadly weapon. The judgment is affirmed as modified.

Factual and Procedural Background

On…