268 SW3D 532 - Landrian v. State

How this case has been cited

Cited by 66 later decisions — most recently April 2022 · most notably Gardner v. State (2009), Cosio v. State (2011)

5 federal appellate · 57 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

WOMACK, J.,

¶1filed a concurring opinion, in which KELLER, P.J., and KEASLER, J., joined.

¶2Without 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 defendant 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 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).