Jimmy Franklin Tyra, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the lower court's judgment, holding that an affirmative finding that a motor vehicle was used as a deadly weapon is permissible in an involuntary manslaughter prosecution under Tex. Penal Code §19.05(a)(2). The decision rests on the broad interpretation of "use" articulated in Patterson, which treats the operation of a vehicle that causes death as a use of a deadly weapon.