Court of Criminal Appeals of Texas
Edwin Harris Mann, Appellant v. the State of Texas
October 3, 20012001 Tex. Crim. App. LEXIS 76
Summary
The Court of Criminal Appeals held that Texas law does authorize a deadly‑weapon finding in a third‑offense DWI prosecution. The majority relied on the statutory authority in Texas Code of Criminal Procedure article 42.12, §3g(a)(2) and the definition of deadly weapon in Penal Code §1.07, finding the jury’s determination supported by the evidence. The judgment of the Court of Appeals was affirmed. Justice Johnson filed a concurring opinion questioning the broad application of the Tyra precedent to all DWI cases.