(Download) "Jerry Glenn Patterson v. State Texas" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: Jerry Glenn Patterson v. State Texas
- Author : Supreme Court Of Utah
- Release Date : January 08, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Appellant was convicted, after a jury trial, of illegally possessing less than 28 grams of methamphetamine. Art. 4476-15, ?? 4.02(b)(6), 4.04(b), V.A.T.S. The verdict reflects that in response to a special issue the jury also found that "the defendant used or exhibited a deadly weapon during the commission of the offense which we found the defendant guilty." A punishment of 25 years, enhanced by two prior felony convictions, was assessed by the trial court. An affirmative finding of use of a deadly weapon was entered in the judgment. Art. 42.12, ? 3g(a)(2), V.A.C.C.P. The Austin Court of Appeals affirmed the judgment of conviction, but it set aside the assessment of punishment and remanded for a reassessment of punishment. Patterson v. State, 723 S.W.2d 308 (Tex.App. - Austin 1987). We granted appellants petition for discretionary review to determine only whether the court of appeals erred in defining "use," within the meaning of Art. 42.12, ? 3g(a)(2), to mean " any employment of a deadly weapon, even its simple possession, if such possession facilitates the associated felony." Patterson, supra, at 315.
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