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Before QUINN, C. J., and CAMPBELL and PIRTLE, JJ.

OPINION

Appellant, Brian Garza, was convicted by a jury of evading arrest by use of a motor vehicle,*fn1 a state jail felony punishable as a third degree felony by virtue of a deadly weapon finding.*fn2 During the punishment phase of the trial, Appellant pled true to an enhancement allegation*fn3 and the jury sentenced him to seventeen years confinement. Appellant asserts three issues asking whether: (1) the result of the proceeding would have been different had he received effective assistance from his counsel; (2) the trial court committed error by charging the jury with a deadly weapon instruction when evidence of actual endangerment was factually insufficient to justify a finding that the motor vehicle was used as a deadly weapon; and (3) the trial court’s judgment of conviction should be modified to reflect the correct offense level.

 
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