Gale v. State

OPINI ON

PRICE, J., delivered the unanimous opinion of the Court.

Appellant was charged with the offense of possession of marijuana. He pled guilty to the charge and elected to have the jury assess punishment, pleading “not true” to the special issue involving a deadly weapon finding. The jury sentenced appellant to two years confinement and returned an affirmative finding on the deadly weapon special issue. Appellant appeals this finding, averring that the evidence is legally insufficient to find a deadly weapon was “used” in the commission of his criminal possession offense. 1 We will affirm.

F…