Cates v. State

Because I believe the State failed to offer any evidence to support the jury’s affirmative finding of the use or exhibition of a deadly weapon, I respectfully dissent.

While a motor vehicle is not a deadly weapon per se, it is well established that a motor vehicle may, by its manner of use, be a deadly weapon. Tyra v. State, 897 S.W.2d 796, 798 (Tex.Crim.App.1995). Examples of such use include: (1) driving a *414vehicle while intoxicated;1 (2) intentionally attempting to run over a pedestrian;2 (3) attempting to throw off the owner of a stolen Porsche, who was clinging to the spoiler, by rapidly…