Chopps Jr., Alonzo v. State

I respectfully dissent because there is insufficient evidence that the object in question is a club specially designed, made, or adapted for the purpose of inflicting serious bodily injury.

At trial, both Constable Embry and Joe Aguilar described appellant’s bat1 as a *262club and a weapon. Constable Embry-opined that the bat was specially designed or made to inflict serious bodily injury or death. Witness Joe Aguilar similarly concluded that the bat’s sole purpose was to hurt someone. However, when pressed to explain the reasoning for their conclusions, both witnesses stated that it was…