Yusof A. Shabazz v. State ( 2005 )

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DO NOT PUBLISH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.