Yusof A. Shabazz v. The State of Texas--Appeal from 371st District Court of Tarrant County

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 OPINION1

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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DO NOT PUBLISH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

NOTES

1. See Tex. R. App. P. 47.4.