IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1561-07

CARLOS LANDRIAN, Appellant v. THE STATE OF TEXAS

ON DISCRETIONARY REVIEW OF CASE 01-05-00697-CR OF THE FIRST COURT OF APPEALS HARRIS COUNTY

W OMACK, J., filed a concurring opinion, in which K ELLER, P.J., and K EASLER, J., joined.

Without implying that there is anything wrong with the Court’s analysis of the jury-unanimity issue, I should like to point out that there is no possibility of a non- unanimous verdict for this offense as it was alleged. If half the jury believed the defen- dant caused serious bodily injury, then they necessarily believed that a deadly weapon was used. A deadly weapon is anything that in the manner of its use was capable of causing serious bodily injury. See Penal Code section 1.07(a)(17)(B). It is impossible to Landrian (concurrence) - 2 inflict serious bodily injury without using a deadly weapon. We so held only a couple of months ago. See Blount v. State, 257 S.W.3d 712 (Tex. Cr. App. 2008).

Filed October 8, 2008.

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