Rivera v. State

OPINION

Opinion by

STEVEN C. HILBIG, Justice.

A jury convicted appellant Juan Rivera, Jr. of aggravated assault with a deadly weapon. On appeal, appellant contends the evidence is legally and factually insufficient to establish he used or exhibited a deadly weapon. Because we agree the evidence is factually insufficient to sustain the deadly weapon finding, we reverse and remand for a new trial.

BACKGROUND

Justin Lerma, the complainant, was at his mother-in-law’s home with his friend, “Mike.” Lerma testified he and Mike were outside the home when “these guys just showed up.” The “guys” included…