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Click here for the full text of this decision FACTS:Viewed in the light most favorable to the state, the evidence presented at appellant’s trial established the following. The appellant and his wife, Cindy Lane, argued at their home over his alleged marital infidelity. In the course of the argument, appellant struck Lane in the head several times with his closed fist, causing her to fall from a chair, in which she had been sitting, onto the floor. After Lane fell to the floor, appellant kicked her in the lower back and chest. As a result of appellant’s assault, Lane suffered a concussion to the brain and temporarily lost consciousness. She further suffered bruising to her scalp, right temple, chest and hand. Appellant summoned emergency medical personnel, who examined Lane at the scene and then transported her by ambulance to a nearby hospital for further examination. In the hours that followed the assault, Ms. Lane suffered from nausea, vomiting, dizziness, and considerable pain in her head, neck, chest and back. The jury, after deliberating, found appellant guilty “as alleged in the indictment.” The trial court later assessed appellant’s punishment, enhanced by the two prior felony convictions, at imprisonment for 35 years. The court of appeals affirmed the judgment of the trial court. HOLDING:Affirmed. Texas Penal Code 1.07(a)(17) provides, in relevant part, that a “deadly weapon” is “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Section 1.07(a)(46) provides that “”serious bodily injury’ means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” A hand or a foot may be a deadly weapon within the meaning of 1.07(a)(17) “depending upon the evidence shown.” Turner v. State, 664 S.W.2d 86, 90 (Tex.Crim.App. 1983). The injuries, if any, inflicted on the victim are factors to be considered in determining whether a hand or a foot was used as a deadly weapon. The evidence presented at appellant’s trial, viewed in the light most favorable to the prosecution, established that he struck the victim in the head several times with his closed fist, knocking her to the floor, and that he then kicked her in the lower back and chest. As a result of the appellant’s assault, the victim suffered a concussion to the brain, bruising and temporary loss of consciousness. Furthermore, in the hours after the assault, the victim suffered from nausea, vomiting, dizziness, and considerable pain in several parts of her body. There was also evidence presented at trial from a paramedic, a nurse and two police officers that a closed fist striking a person’s head, or a foot striking a person’s back or chest, could cause serious physical injury. After due consideration and taking into account all of the specific acts and injuries, the court finds that the evidence presented at appellant’s trial was sufficient to persuade a rational trier of fact beyond a reasonable doubt that appellant used both his hand and his foot as “deadly weapons” within the meaning of that phrase as defined by the Penal Code. The record reflects that on eight separate occasions during the guilt/innocence stage � twice during the paramedic’s testimony, twice during the nurse’s testimony, twice during the first police officer’s testimony, and twice in the victim’s hospital records � the victim’s out-of-court statements came into evidence without appellant’s objection. In these circumstances, no reversible error is presented, the court concludes. OPINION:Holcomb, J., delivered the opinion of the court, in which Keller, P.J., and Meyers, Price, Womack, Keasler, Hervey, and Cochran, JJ., joined. Johnson, J., concurred as to Part II and joined Part III.

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