Landrian, Carlos ( 2008 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1561-07
CARLOS LANDRIAN, Appellant
v.
THE STATE OF TEXAS
ON DISCRETIONARY REVIEW OF
CASE 01-05-00697-CR OF THE FIRST COURT OF APPEALS
HARRIS COUNTY
W OMACK, J., filed a concurring opinion, in which K ELLER, P.J., and K EASLER, J.,
joined.
Without implying that there is anything wrong with the Court’s analysis of the
jury-unanimity issue, I should like to point out that there is no possibility of a non-
unanimous verdict for this offense as it was alleged. If half the jury believed the defen-
dant caused serious bodily injury, then they necessarily believed that a deadly weapon
was used. A deadly weapon is anything that in the manner of its use was capable of
causing serious bodily injury. See Penal Code section 1.07(a)(17)(B). It is impossible to
Landrian (concurrence) - 2
inflict serious bodily injury without using a deadly weapon. We so held only a couple of
months ago. See Blount v. State, 257 S.W.3d 712 (Tex. Cr. App. 2008).
Filed October 8, 2008.
Publish.