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DOWNS v. STATE

No. 2-96-116-CR.

947 S.W.2d 312 (1997)

Lee Sullivan DOWNS, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 24, 1997.

Attorney(s) appearing for the Case

Joshua M. Webber, Dallas, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Assistant, Chief of the Appellate Section, Michael R. Casillas, Mick Meyer, Mollie Westfall, Assistants, Fort Worth, for Appellee.

Before DAVID F. FARRIS (Sitting by Assignment), LIVINGSTON and HOLMAN, JJ.

OPINION

PER CURIAM.

Lee Sullivan Downs appeals his driving while intoxicated conviction, contending the evidence was factually insufficient to prove he was intoxicated. See Clewis v. State, 922 S.W.2d 126, 129-30 (Tex.Crim.App.1996). To sustain his contention, we must first consider all of the evidence and reverse the judgment only if the verdict is so contrary to the overwhelming weight of the evidence as to be...

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