Johnston v. State

A jury found Ty Johnston guilty of four counts of injury to a child causing bodily injury and one count of injury to a child causing serious bodily injury. See Tex. Pen. Code Ann. § 22.04(a)(1), (3) (West 2003). The jury also found that Mr. Johnston used a deadly weapon in the commission of those offenses in which he caused bodily injury. The court imposed a sentence of ten years confinement and a $5,000 fine for each of the bodily injury counts and forty-five years confinement and a $5,000 fine for the serious bodily injury count. Mr. Johnston challenges the legal and factual sufficiency of the evidence supporting the jurys deadly weapon findings, and his conviction for injury to a child causing serious bodily injury. Finding the evidence sufficient, we affirm the judgments of conviction.