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KUCIEMBA v. STATE

No. PD-0512-09.

310 S.W.3d 460 (2010)

Julian KUCIEMBA, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 26, 2010.

Attorney(s) appearing for the Case

John V. Elick, Bellville, for Appellant.

Jeffrey L. Van Horn, State Prosecuting Atty., Austin, for State.

KELLER, P.J., delivered the opinion of the Court in which PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Appellant was found behind the steering wheel, injured and intoxicated, at the scene of a one-car rollover accident, with a blood-alcohol level of more than twice the legal limit. The court of appeals found the evidence to be insufficient to show that appellant was intoxicated at the time that the accident occurred. We disagree and...

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