Romero v. State, 331 S.W.3d 82

Romero was indicted for the third-degree felony of possessing a deadly weapon in a penal institution under Tex. Penal Code § 46.10.
A jury found Romero guilty as charged and assessed an enhanced punishment of 30 years' imprisonment under Tex. Penal Code § 12.42(d).
The May 28, 2006 prison fight involved Romero and multiple inmates; he was seen holding at least one prison shank.
Witnesses testified Romero used the shank to stab inmates and either discarded it or turned it into prison officials; the weapon was not introduced at trial.
Romero challenges the sufficiency of the evidence proving the weapon was deadly under § 46.10 and //the manner of use.
The trial court entered a judgment in conformity with the jury's verdict, and Romero appeals challenging the legal/factual sufficiency of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence proves the shank was deadly under § 46.10	Romero argues the evidence fails to prove capability for death/injury.	Romero contends wounds were not serious and some testimonies were inconsistent.	Yes; the evidence supports deadly weapon finding.

Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (set forth single standard of review for legal sufficiency in criminal cases)
Drichas v. State, 175 S.W.3d 795 (Tex. Crim. App. 2005) (defines 'capability' assessment for deadly weapon)
Thomas v. State, 821 S.W.2d 616 (Tex. Crim. App. 1991) (identifies factors for deadly weapon determination)
Brown v. State, 716 S.W.2d 939 (Tex. Crim. App. 1986) (early deadly weapon framework and considerations)
Dominique v. State, 598 S.W.2d 285 (Tex. Crim. App. 1980) (weighs evidence of intent and weapon impact without requiring wounds)