David Vasquez v. State, 13-14-00508-CR

David Vasquez was indicted for first-degree aggravated robbery under Tex. Penal Code §29.03 for an incident on Nov. 9, 2011; jury trial Feb. 26, 2013 resulted in guilty verdict and a 25-year sentence.
Victim Peggy Root testified a man approached her in a restaurant parking lot, held a knife to her, threatened to kill her, and forced her toward her car; a physical struggle ensued in which she grabbed a folding knife blade and sustained minor hand injuries; the assailant then beat her and stole her vehicle.
Root identified Vasquez in a lineup; blood in the stolen vehicle matched Vasquez per State lab testimony; photos of the scene and victim injuries were admitted.
Vasquez testified he asked for a cigarette, was bitten by Root, fought back (admitting he hit her several times), denied ever possessing or using a knife, and admitted stealing the vehicle while intoxicated/on drugs.
Defense argued insufficient proof that a deadly weapon (knife) was used or that the knife was capable of causing death/serious injury; defense sought reform to the lesser-included offense of robbery.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Vasquez)	Held
Whether evidence suffices to prove Vasquez used a knife (deadly weapon) during the robbery	Root's testimony, her physical wounds consistent with fighting over a knife, vehicle blood match, and identification justify finding a deadly-weapon use, supporting aggravated robbery	Inconsistencies in Root's descriptions, absence of the knife, minimal hand injuries, lack of evidence the folding knife was deadly; jury charge limited aggravation to weapon use; asks court to reform conviction to robbery	Trial jury convicted of aggravated robbery; appellant appeals seeking reversal or reformation to robbery (appellate ruling not included in brief)

Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (appellate sufficiency standard guidance)
Collier v. State, 999 S.W.2d 779 (Tex. Crim. App. 1999) (reformation to lesser-included offense)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (Jackson legal-sufficiency standard)
McCain v. State, 22 S.W.3d 497 (Tex. Crim. App. 2000) (folding knife not inherently a deadly weapon by design)
Tucker v. State, 274 S.W.3d 688 (Tex. Crim. App. 2008) (victim injuries may support inference of deadly-weapon use)
Williams v. State, 235 S.W.3d 742 (Tex. Crim. App. 2007) (reviewing court’s duty in sufficiency review)
Morales v. State, 633 S.W.2d 866 (Tex. Crim. App. 1982) (photographic evidence of severe wounds can show deadly-weapon use)
Lockett v. State, 874 S.W.2d 810 (Tex. App.—Dallas 1994) (evidence requirements for deadly-weapon findings)
Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (deference to jury’s resolution of conflicting evidence)