Cook v. State

Appellant waived her right to a jury and pleaded guilty to intoxication manslaughter. The indictment included a paragraph alleging that she used her vehicle as a deadly weapon during the commission of the offense. As part of her plea, she elected to have the trial court resolve the deadly weapon issue at the punishment hearing. In two points, she contends that the evidence is legally and factually insufficient to support the trial court's finding that she used her vehicle as a deadly weapon. Having overruled both of her points, the Fort Worth Court of Appeals affirmed the trial court's judgment. Fort Worth Court of Appeals, No. 2-09-036-CR, 09-13-2010

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OPINION

I. Introduction

Appellant Lisa Kim Cook a/k/a Lisa K. Klovstad waived her right to a jury and pleaded guilty to intoxication manslaughter. The indictment included a paragraph alleging that Cook used her vehicle as a deadly weapon during the commission of the offense. As part of her plea, Cook elected to have the trial court resolve the deadly weapon issue at the punishment hearing. In two points, Cook contends that the evidence is legally and factually insufficient to support the trial court’s finding that she used her vehicle as a deadly weapon. We will affirm.

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