Cleburn v. State

OPINION

JOE L. DRAUGHN, Justice

(Assigned).

A jury found appellant Coy Eugene Cle-bum guilty of recklessly causing bodily injury to a child younger than fifteen years of age, and answered affirmatively a special issue that he used a motor vehicle as a deadly weapon. The trial court assessed punishment at four years’ confinement in the Texas Department of Criminal Justice, Institutional Division. In two issues, appellant argues (1) the evidence is legally insufficient to sustain the conviction, and (2) it is unconstitutional to permit a deadly weapon finding for a motor vehicle unless the vehicle…