The Importance of a “Deadly Weapon” Finding in a Texas Criminal Case

Texas criminal law requires trial courts to place what are known as “affirmative findings” when there is evidence that a defendant used or exhibited a “deadly weapon” during the commission of a felony (or during the immediate flight after such commission). In this context, a deadly weapon can be a firearm or anything else that is designed, made, or adapted for the purpose of causing death or serious bodily injury.

If the trial court makes a deadly weapon finding, that can have a significant impact on the defendant’s sentencing for the underlying felony. For example, the defendant may not be eligible for probation. And they generally have to serve a longer portion of their jail sentence before becoming eligible for parole.

Texas Appeals Court Rejects Finding for Untried Felony

The Texas Second District Court of Appeals recently addressed the question of whether it was possible to make a deadly weapon finding based on a defendant’s use of a firearm to facilitate a different felony than the subject of their conviction. This particular case, White v. State, involved a defendant convicted of a felony several decades earlier. Due to that felony conviction, Texas law prohibited the defendant from possessing a firearm anywhere outside of his home.

In 2022, however, the defendant carried a firearm while working a job as a security guard. While at work one day, the defendant got into a fight. This led the defendant to discharge his firearm “near another man’s head,” according to court records.

A grand jury subsequently indicted the defendant for aggravated assault and unlawful possession of a firearm. Prosecutors dropped the aggravated assault allegations before trial, however, so only the unlawful possession charge proceeded to trial.

At trial, the state argued the jury should still consider whether to apply a deadly weapon finding if it found the defendant guilty of unlawful possession. To be clear, the finding does not apply to unlawful possession convictions under the statute. But the prosecution’s argument, which the trial judge supported, was that the jury could still consider whether the defendant used his firearm to “facilitate another felony,” i.e., the dropped aggravated assault charge.

The jury ultimately found the defendant guilty of unlawful possession and made a deadly weapon finding. The trial court subsequently sentenced the defendant to life in prison. On appeal, the Second District struck the deadly weapon finding but otherwise upheld the conviction. The appellate court held that in order to enter a deadly weapon finding, the weapon had to be used in connection with the felony actually being tried, not a “different, dismissed felony offense.”

Contact a San Marcos Aggravated Assault Lawyer Today

Anytime that a firearm or other deadly weapon is involved in the commission of an alleged crime, the defendant can face significant prison time if convicted. That is why it is important to work with a qualified San Marcos aggravated assault attorney if you find yourself in this situation. Contact The Law Offices of David C. Hathaway today at 512-805-6613 to schedule a consultation. We serve clients in San Marcos, Texas, and Hays County, Texas.

Source:

scholar.google.com/scholar_case?case=9937221587297294706