Tory Levon Kirk v. State, 11-13-00130-CR

Kirk pled guilty in 2010 to aggravated robbery with a deadly weapon and signed a judicial confession, which the trial court admitted.
The court accepted the guilty plea, deferred adjudication of guilt, and placed Kirk on deferred adjudication community supervision for eight years.
Over two years later, the State moved to revoke Kirk’s supervision and proceed to adjudicate guilt, alleging nine violations.
The trial court found the violations proven, adjudicated guilt of aggravated robbery with a deadly weapon, and sentenced Kirk to eight years in the Institutional Division of the Texas Department of Criminal Justice.
On appeal, Kirk contends the evidence was legally insufficient to prove the deadly-weapon aggravator and thus the conviction.
The court ultimately affirmed the trial court’s judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the evidence legally sufficient to prove use of a deadly weapon?	Kirk argues a BB gun is not a deadly weapon, so no aggravating evidence.	The State contends the guilty plea and judicial confession provide sufficient evidence to support the conviction, including the deadly-weapon enhancement.	No reversible error; the conviction stands (evidence deemed sufficient and judgment affirmed).

Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (allows raising issues about the original plea only in the appeal when deferred adjudication first imposed; exceptions apply)
Nix v. State, 65 S.W.3d 664 (Tex. Crim. App. 2001) (habeas corpus and void-judgment exceptions to the timing rule)