Gomez v. State

In Gomez v. State, 685 S.W.2d 333, 336 (Tex. Crim. App. 1985), the defendant was convicted of aggravated robbery. Gomez, 685 S.W.2d at 335. The victim testified that, during the commission of the offense, the defendant pointed a revolver at the victim and stated "this is a holdup." Id. at 336. The Court of Criminal Appeals stated that "testimony regarding the use of a revolver is sufficient to support a finding of use and exhibition of a deadly weapon." Id. In Gomez, the victim's testimony that the defendant pointed a revolver at him was sufficient to prove both presence and use of a deadly weapon; therefore, the principle follows that testimony that the defendant held a firearm is sufficient to prove the presence of a firearm.