Tucker v. State (2007)

In Tucker v. State, 221 S.W.3d 780 (Tex. App.--Corpus Christi 2007), rev'd, 274 S.W.3d 688 (2008), the operative facts were that the victim had received two puncture wounds. Id. at 688. This fact pattern led the court to state that, "the injuries suffered by the victim can by themselves be a sufficient basis for inferring that a deadly weapon was used." Id. at 691-92. Because the Texas Court of Criminal Appeals felt that the court of appeals failed to take into account all of the facts, most especially the stab wounds of the victim, the decision of the court of appeals was reversed and the evidence was found to be legally sufficient to support the jury's verdict of guilty to the charge of aggravated assault with a deadly weapon. Id. at 692. The Corpus Christi Court held that the evidence was insufficient to support a deadly weapon finding regarding a knife. See Tucker, 221 S.W.3d at 785. Tucker said nothing "before, during, or after the infliction of the injuries." Id. at 784. Other than testimony that the knife had a two inch blade, there was no testimony about the knife's sharpness. See id. Testimony merely established that the knife could be "classified" or "considered" a deadly weapon, not that it "had the ability to inflict death or serious injury." Id. The knife was not introduced into evidence and there was no evidence regarding the manner with which it was used, as the victim was "laying on the ground with her hands over her face and, therefore, unable to see the knife and the manner of its use." Id. The victim's wounds were "not severe enough to require stitches." Id. The Court of Criminal Appeals recently reversed Tucker. See Tucker v. State, No. PD-0742-07, 274 S.W.3d 688 (Tex. Crim. App. Nov. 26, 2008). The victim suffered two stab wounds: (1) one wound penetrated the victim's arm; and (2) a wound to the "back of the neck, near the spine" caused a lot of pain. Expert testimony was not required to establish that the arm wound "could easily have severed a major blood vessel or nerve, placing the victim's life, or at least the use of her arm, in jeopardy." Id. Thus, "the weapon that caused her wound was capable, in its manner of use, of causing serious bodily injury." Id. The neck wound, "received in a vulnerable area, would seem to carry at least some potential for resulting in a serious bodily injury such as paralysis or death." Id. at *9-10. Two police officers testified that "the injuries were inflicted by a deadly weapon." Id. Their "lengthy experience" qualified them to provide such testimony. Id. The Corpus Christi Court "minimized the officers' testimony in claiming that neither specifically testified that the folding knife had the ability to inflict death or serious bodily injury." Id. "Though neither officer knew whether the injuries were inflicted by a knife, a key, or some other object, both agreed, based on the nature of the injuries received, that the weapon that caused the injuries was a deadly weapon." Id. The Corpus Christi Court's reliance on "the absence of any detailed description of the knife or key or of exactly how appellant employed the weapon used to injure the victim," was based on the "incorrect assumption that the use of a deadly weapon cannot be inferred from the injuries themselves." Id. "Whether a deadly weapon can be inferred solely from the victim's injuries depends, of course, on the nature of those injuries." Id.