Court of Criminal Appeals of Texas

Antonio Sierra, Appellant v. the State of Texas

April 1, 20092009 Tex. Crim. App. LEXIS 467

Summary

The Court of Criminal Appeals reversed the lower court's deletion of the felony DWI deadly‑weapon finding, holding that the evidence was legally sufficient to support the jury's conclusion that Sierra used his SUV as a deadly weapon, and remanded for further factual review. Justice Meyers dissented, arguing that the vehicle was not used in an assaultive manner and that the deadly‑weapon finding was improper.