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Pacheco v. State

Santiago G. PACHECO, Jr. v. The STATE of Texas

Pacheco v. State, 529 S.W.2d 77 (Tex. Crim. App. 1975)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
November 5, 1975
Docket
No. 50933
Judges
Odom, Douglas
Citations
529 S.W.2d 77

Opinion of the Court — Odom

Text extracted by OCR from a scanned original; check the original for exact wording.

OPINION ODOM, Judge.

Appellant was convicted of aggravated assault with a deadly weapon. Punishment was assessed at ten years.

Appellant waived his right to demand prosecution upon indictment and proceeded to trial upon information. Art. 1.141, V.A. C.C.P. In his only ground of error appellant challenges the sufficiency of the information to charge an offense. In material part the information alleges that appellant:

“did then and there use a pistol, a deadly weapon, to intentionally threaten imminent bodily injury to Ernest Riojas.

We perceive no material difference between alleging that one intentionally threatened another with imminent bodily injury by using a pistol and alleging that one used a pistol to intentionally threaten another with imminent bodily injury. Each is sufficient to allege aggravated assault with a deadly weapon under V.T.C.A. Penal Code, Sections 22.01(a)(2) and 22.02(a)(3). 1 The ground of error is overruled.

The judgment is affirmed.

DOUGLAS, J., not participating.

. V.T.C.A. Penal Code, Sec. 22.01(a)(2), provides:

“(a) A person commits an offense if he:

“(2) intentionally or knowingly threatens another with imminent bodily injury; or .

V.T.C.A. Penal Code, Sec. 22.02(a)(3), provides:

“(a) A person commits an offense if he commits assault as defined in Section 22.-01 of this code and he:

“(3) uses a deadly weapon. . . .”

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1981: 11982: 11985: 12020: 119812026peak 1981 · 1

Relies on it most ⓘ

  1. Kristopher Black v. StateNo. 08-19-00259-CR (Tex. App.—El Paso Sept. 15, 2020)
  2. Pass v. State634 S.W.2d 857 (Tex. App.—San Antonio 1982)
  3. Bell v. State693 S.W.2d 434 (Tex. Crim. App. 1985)
  4. Mills v. State625 S.W.2d 47 (Tex. App.—San Antonio 1981)

Most recent

  1. Kristopher Black v. StateNo. 08-19-00259-CR (Tex. App.—El Paso Sept. 15, 2020)
  2. Bell v. State693 S.W.2d 434 (Tex. Crim. App. 1985)
  3. Pass v. State634 S.W.2d 857 (Tex. App.—San Antonio 1982)
  4. Mills v. State625 S.W.2d 47 (Tex. App.—San Antonio 1981)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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