Court of Criminal Appeals of Texas

A court of appeals decision rejecting a jury instruction used for a conviction for felony driving while intoxicated is affirmed where: 1) a concurrent-causation jury instruction, that defines intoxication as the "introduction of alcohol, operating either alone or concurrently with an unknown drug," is not substantively different from a jury instruction, that defines intoxication as the "introduction of a combination of alcohol and an unknown drug"; and 2) the concurrent-causation jury charge in this case improperly expanded on the allegations in the indictment.

Appellate Information

• Decided 02/06/2008
• Published 02/06/2008

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Donald R. (“Tex”) Tonroy, Klein, TX, for Appellant.


• For Appellees:
  
• Kevin Keating, Asst. Dist. Atty., Houston, Jeffrey L. Van Horn, State's Atty., Austin, for Appellee.