Josue Ignacio Castillo v. State, 2012 Tex. App. LEXIS 5676

Castillo was convicted of possession with intent to deliver cocaine weighing 4–200 grams and of using or exhibiting a deadly weapon during the offense.
A confidential informant alerted HPD to drug activity at a Houston residence and claimed three Hispanic males were involved, armed, and monitored by a camera system.
HPD surveilled the residence, observed drug transactions, and obtained/search/arrest warrants based on the information.
Upon execution, officers found Castillo sleeping in a room with his pregnant girlfriend, where drugs and drug paraphernalia were located nearby, and firearms were in plain view in the same room.
In another room, officers recovered additional drugs, pills, firearms, a safe, and substantial cash, indicating distribution rather than personal use.
The State argued the weapons were kept to protect drugs and money, and a loaded AK-47 could pierce body armor, supporting a deadly weapon finding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports the deadly weapon finding	Castillo argues the evidence fails to prove use/possession as a weapon	State contends guns were in proximity and accessible, aiding the felony	Yes; rational fact finder could conclude weapons facilitated the offense

Gale v. State, 998 S.W.2d 221 (Tex. Crim. App. 1999) (deadly weapon near drugs supports finding)
Coleman v. State, 145 S.W.3d 649 (Tex. Crim. App. 2004) (factors for deadly weapon sufficiency; ownership not required)
Patterson v. State, 769 S.W.2d 938 (Tex. Crim. App. 1989) (definition of use/exhibit of deadly weapon)
Sanchez v. State, 243 S.W.3d 57 (Tex. App.—Hous. [1st Dist.] 2007) (weapons near significant quantity of narcotics supports finding)
Robinson v. State, 174 S.W.3d 320 (Tex. App.—Hous. [1st Dist.] 2005) (loading guns near drugs supports deadly weapon finding)
Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (factors linking defendant to contraband)