Garcia v. State (2002)

In Garcia v. State, 92 S.W.3d 574 (Tex. App.--Austin 2002, no pet.), the appellant was convicted of aggravated assault with a deadly weapon. 92 S.W.3d at 575. The Austin Court explained that a jury could not have rationally found appellant guilty only of deadly conduct because the appellant "could not have placed the complainants in imminent danger of serious bodily injury without using his truck in a manner capable of causing serious bodily injury, that is, as a deadly weapon. Given the undisputed evidence that the complainants suffered bodily injuries, the jury could not have rationally found that appellant was guilty only of deadly conduct." Id. at 576.