OTTO v. STATE

No. 04-02-00521-CR.

211 S.W.3d 359 (2006)

Adriane Elaine OTTO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Granted February 14, 2007.


Attorney(s) appearing for the Case

Donald R. "Tex" Tonroy, Houston, for appellant.

Kelly Ann Smith, Asst. Dist. Atty., Houston, for appellee.

Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.


OPINION

Opinion by REBECCA SIMMONS, Justice.

This appeal is on remand from the Texas Court of Criminal Appeals. Adriane Elaine Otto is appealing her conviction of felony driving while intoxicated (DWI). On original submission, we affirmed Otto's conviction. In doing so, we held that the concurrent cause instruction was not in conflict with the rest of the charge and therefore it did not authorize a conviction on an alternate theory and that the trial court...

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