Legal Opinion

Lee Yates, Sr. v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided March 17, 2004No. 04-01-00588-CRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

Opinion by

CATHERINE STONE, Justice.

Appellant Lee Yates, Sr. appeals his conviction for manslaughter, challenging the district court’s affirmative finding of a deadly weapon. Yates contends the jury’s verdict did not present an express finding of a deadly weapon, thereby precluding the trial court from entering a deadly weapon finding. In light of the court of criminal appeals’s recent holding in Lafleur v. State, 106 S.W.3d 91 (Tex.Crim.App.2003), we disagree and affirm the trial court’s judgment.

Factual and Procedural Background

Yates was charged with murder in two paragraphs and was…

2Cases cited4 opinions

  1. Polk v. StateCourt of Criminal Appeals of Texas · 1985
  2. LaFleur v. StateCourt of Criminal Appeals of Texas · 2003
  3. Davis v. StateCourt of Criminal Appeals of Texas · 1995
  4. Parker v. State, Texas Court of Appeals, 10th District (Waco)2003

3Cited by2 opinions

  1. Abraham Ortega v. State, Texas Court of Appeals, 1st District (Houston)2008
  2. Yates, Lee Sr.Court of Criminal Appeals of Texas · 2005

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