Plummer v. Texas (Original)
Annotate this CaseAppellant was convicted of unlawful possession by a felon of a firearm and possession of body armor. The trial judge entered a deadly-weapon finding in the body-armor case. The issue before the Supreme Court on appeal of this case was one of first impression: whether, for purposes of Article 42.12, 3g, must the "exhibition" of a deadly weapon facilitate, in some manner, the associated felony offense, or was it sufficient that the exhibition of the deadly weapon occurs simultaneously with the felony but is unrelated to its commission? After careful consideration, the Supreme Court concluded that there must be some facilitation purpose between the weapon and the associated offense to support a deadly-weapon finding. Because there was no evidence that appellant's possession of a mini-Glock pistol facilitated his commission of the offense of possession of body armor, the Court deleted the deadly weapon finding from the judgment.
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