LEMOS v. STATE

No. 08-02-00524-CR.

130 S.W.3d 888 (2004)

David LEMOS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

March 11, 2004.


Attorney(s) appearing for the Case

M. Clara Hernandez, El Paso County Public Defender, El Paso, TX, for Appellant.

Jaime E. Esparza, District Attorney, El Paso, TX, for State.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.


OPINION

SUSAN LARSEN, Justice.

David Lemos appeals his conviction for two counts of intoxication manslaughter and two counts of causing an accident involving injury or death. Finding the trial court erred in precluding defense counsel from arguing a legitimate inference from the evidence, and further finding that the error was harmful, we reverse and remand.

Facts

Just after midnight on April 6, 2002, El Paso Police Officer...

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