concurring.
The issue can be stated as follows: is an affirmative finding of the use of a deadly weapon permissible in involuntary manslaughter prosecutions under TexJPenal Code Ann. § 19.05(a)(2)? The majority ultimately holds that such a finding is permissible. However, because the prolixity of the majority’s analysis is more distracting than instructive, I am compelled to write separately.
I.
Appellant was convicted by a jury of involuntary manslaughter by accident or mistake resulting from the operation of a motor vehicle while intoxicated. TexJPenal Code Ann. § 19.05(a)(2).1 The jury assessed punishment at seventeen years confinement and a $5000 fine. TexJPenal Code Ann. § 12.33. Additionally, the jury made an affirmative finding that appellant “used” his motor vehicle as a deadly weapon in the commission of the offense.2 Tex.Code Crim.Proc.Ann. art. 42.18, § 8(b)(3); and, art. 42.12, § 3g(a)(2).3 *800Resolution of this case centers on the meaning of “use” in the context of a deadly weapon finding under art. 42.12, § Sg(a)(2).
II.
A.
The Court addressed the meaning of “use” in the context of a deadly weapon finding in Patterson v. State, 769 S.W.2d 938 (Tex.Cr. App.1989). Patterson was arrested in the course of a narcotics raid. As the police entered the residence, Patterson, who was sitting on a sofa, stated “I have a gun right here, but I’m not going to touch it.” Id., at 939. The police retrieved a pistol located between Patterson’s leg and the sofa. They also retrieved from an end table a wallet containing a large sum of money, a bag containing methamphetamine, miscellaneous drug paraphernalia and several rounds of ammunition which fit the pistol which had been seized. Ibid. During Patterson’s trial for possession of methamphetamine, the State contended Patterson’s possession of the pistol constituted “use” in that the pistol was used to “protect his drugs and to facilitate their possession.” Id., at 940. The jury found, and the trial court’s judgment reflected, that a deadly weapon was used during the commission of the charged offense. The Court of Appeals affirmed. Patterson v. State, 723 S.W.2d 308 (Tex.App. — Austin 1987). We granted review to determine whether the court of appeals erred in defining “use” to mean “any employment of a deadly weapon, even simple possession, if such possession facilitates the associated felony.” Patterson, 769 S.W.2d at 939.
We initially observed that “all felonies are theoretically susceptible to an affirmative finding of the use of a deadly weapon.” Id., 769 S.W.2d at 940 (Emphasis in original). We further explained:
... “use” is commonly employed to describe conduct in which the verb’s object, again, in this case a deadly weapon, is utilized in order to achieve a purpose. In other words, the deadly weapon must be utilized, employed, or applied in order to achieve its intended result: “the commission of a felony offense or during immediate flight therefrom.”
Id., 769 S.W.2d at 941. We then went on to explain:
Thus, “used ... a deadly weapon” during the commission of the offense means that the deadly weapon was employed or utilized in order to achieve its purpose.... Therefore, the court of appeals was correct when it stated that “ ‘used ... during the commission of a felony offense’ refers certainly to the wielding of a firearm with effect, but it extends as well to any employment of a deadly weapon, even its simple possession, if such possession facilitates the associated felony.”
Id. We upheld the Court of Appeals’ conclusion that a rational trier of fact could have found that Patterson “used” the pistol during the commission of the felony offense of possession of the contraband. Id., at 942. The general rule established in Patterson may be stated as follows: if a deadly weapon is used or exhibited in order to facilitate the commission of the charged offense, a deadly weapon finding is permissible.
B.
Notwithstanding the general rule of Patterson, affirmative findings of the use of a deadly weapon may not be permissible in cases dealing with simple possession of the deadly weapon. Narron v. State, 835 S.W.2d 642 (Tex.Cr.App.1992); and, Ex parte Petty, 833 S.W.2d 145 (Tex.Cr.App.1992). In Nar-ron, we were asked to determine if a deadly weapon finding was permissible in a prosecution for possession of an illegal firearm, Tex. Penal Code Ann. § 46.06. Narron was convicted of possession of a short barrel firearm. Additionally, the jury found, and the trial judge entered, an affirmative finding that a deadly weapon was used in the offense. Narron, 835 S.W.2d at 643. On appeal, Nar-*801ron contended the deadly weapon finding was impermissible. Id. We agreed:
This Court has interpreted “use” of a deadly weapon in the context of Article 42.12, § 3g(a)(2), V.A.C.C.P. to include simple possession if such possession facilitates the associated felony.... Therefore, in order to “use” a deadly weapon for affirmative finding purposes, the weapon must be utilized to achieve an intended result, namely the commission of a felony offense separate and distinct from “mere” possession.
Id. 835 S.W.2d at 644. (Emphasis added.)
Similarly, in Petty, 833 S.W.2d 145, we considered a deadly weapon finding in a prosecution for unlawful possession of a firearm by a felon, Tex.Penal Code Ann. § 46.05. The affirmative finding was based solely on Petty’s unlawful possession of a handgun. In ordering the finding deleted from the judgment, we explained:
This Court has interpreted “use” of a deadly weapon ... to include simple possession if such possession facilitates the associated felony. [citing Patterson ] Therefore, in order to “use” a deadly weapon for affirmative finding purposes, the weapon must be utilized to achieve an intended result, namely, the commission of a felony offense separate and distinct from “mere” possession.
Id., at 145. (Emphasis added.) We continued, distinguishing the case from Patterson.
In Patterson, we determined that the weapon was “used” to protect drugs. In the present case, the weapon was not “used” in furtherance of any collateral felony. Thus, because there was no associated felony facilitated by [Petty’s] possession of the deadly weapon, the holding in Patterson dictates that the affirmative finding of the use of a deadly weapon was error.
Id., at 145-146. Thus, Narron and Petty hold that in a prosecution for possession of a firearm, mere “possession” of the weapon does not constitute its “use” for the purposes of affirmative findings. Narron, 835 S.W.2d at 644; and, Petty, 833 S.W.2d at 145-146.
C.
While Narron and Petty may seemingly conflict with Patterson, the three decisions may be harmonized when one considers the unique nature of prosecutions for illegal possession of a firearm. In Narron and Petty, the “gravamen” of the offenses were possession of a weapon. Narron, 835 S.W.2d at 644; and, Petty, 833 S.W.2d at 145-146. Thus, the act sought to be punished was the actual possession of a weapon. The weapon was not used to facilitate the charged offense. The offense was complete with the possession. This is not to say that Narron and Petty preclude an affirmative finding in a prosecution for illegal possession of a firearm where the weapon is employed in some manner in addition to its mere possession. For example, if a felon possessing a firearm exposed the weapon to prevent others from taking it, the weapon would have been “used” for the purposes of a deadly weapon finding. See e.g., Garner v. State, 864 S.W.2d 92, 103 (Tex.App. — Houston [1st Dist.] 1993) (defendant’s shooting at witness and others supported affirmative finding of deadly weapon in prosecution for possession of firearm by felon). Conversely, if police arrested the felon and subsequently discovered the weapon hidden in the felon’s pocket, the weapon would not have “used” for the purposes of deadly weapon finding.
III.
In the instant case, appellant contends his use of the automobile was akin to the mere possession of a weapon in Narron and Petty. Appellant’s Brief, pg. 6. However, I believe the determination of whether a deadly weapon finding is permissible in a prosecution under § 19.05(a)(2) is controlled by Patterson. While Narron and Petty addressed mere possession of a deadly weapon, the act sought to be punished in a prosecution for § 19.05(a)(2) is the operation of a motor vehicle while intoxicated which results in a homicide. Thus, a § 19.05(a)(2) prosecution involves the active employment, operation and use of the deadly weapon. The operation of an automobile corresponds with those defini*802tions of “use” discussed in Patterson. Id., 769 S.W.2d at 940-941. Moreover, it is noteworthy that the Legislature has employed “use” synonymously with the “operation” of an automobile in the context of the “Unauthorized use of a motor vehicle.” See, Penal Code § 31.07.
For these reasons, I believe the instant case is controlled by Patterson and an affirmative finding of a deadly weapon is permissible in a prosecution under § 19.05(a)(2).
With these comments, I join the majority opinion.
. Tex. Penal Code Ann. § 19.05(a)(2) provides:
(a) a person commits an offense if he:
(2) by accident or mistake when operating a motor vehicle ... while intoxicated and, by reason of such intoxication, causes the death of an individual.
. Specifically, the jury found:
... appellant ... used a deadly weapon, to-wit: a 1988 Chevrolet pickup truck, that in the manner of its use was capable of causing or did cause serious bodily injury or death to [the deceased], during the commission of the offense.
. Art. 42.18, § 8(b)(3) provides that
... if the judgment contains an affirmative finding under [art. 42.12, § 3g(a)(2) ], [the prisoner] is not eligible for release on parole until his actual calendar time served, without consideration of good conduct time, equals one-half of the maximum sentence or thirty years, whichever is less, but in no event shall he be eligible for release on parole in less than two calendar years. (Emphasis added.)
Art. 42.12, § 3g(a)(2) provides that an affirmative finding of the use of a deadly weapon may be made
... when it is shown that a deadly weapon as defined in Section 1.07, Penal Code, was used or exhibited during the commission of a felony offense or during immediate flight therefrom, and that the defendant used or exhibited a deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited_ (Emphasis added.)
*800Penal Code § 1.07(a)(17) defines a deadly weapon as either:
(A) a firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.