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SHABAZZ V. STATE
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-04-155-CR
YUSOF A. SHABAZZ APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1)
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In a single point on appeal, appellant contends that the evidence is legally insufficient to support the trial court’s deadly weapon finding. Appellant pled guilty and signed a judicial confession stating that he had committed “each and every allegation [the indictment] contains,” which alleged that appellant used or exhibited a deadly weapon in committing the offense. At the plea hearing, appellant answered “True” when asked whether he used or exhibited a deadly weapon. We hold that this evidence is sufficient to support the deadly weapon finding. See Keller v. State , 125 S.W.3d 600, 605 (Tex. App.—Houston [1st Dist.] 2003), pet. dism’d, improvidently granted, 146 S.W.3d 677 (Tex. Crim. App. 2004), cert. denied , 125 S. Ct. 1603 (2005); Hunt v. State , 967 S.W.2d 917, 919 (Tex. App.—Beaumont 1998, no pet.); Rankin v. State , No. 02-98-00382-CR, slip op. at 5 (Tex. App.—Fort Worth Mar. 7, 2002, pet. ref’d) (op. on remand) (not designated for publication). We overrule appellant’s sole point and affirm the trial court’s judgment.
PER CURIAM
PANEL F: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: June 9, 2005
FOOTNOTES
1:
See Tex. R. App. P. 47.4.
Document Info
Docket Number: 02-04-00155-CR
Filed Date: 6/9/2005
Precedential Status: Precedential
Modified Date: 9/3/2015