OTTO v. STATE

No. PD-1311-06.

273 S.W.3d 165 (2008)

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

Court of Criminal Appeals of Texas.

Rehearing Denied April 23, 2008.


Attorney(s) appearing for the Case

Donald R. ("Tex") Tonroy, Klein, TX, for Appellant.

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


OPINION

HERVEY, J., delivered the opinion of the Court in which MEYERS, PRICE, JOHNSON, and KEASLER, JJ., joined.

A jury convicted appellant of felony driving while intoxicated. The issue presented in this case is whether a concurrent-causation jury instruction, that defines intoxication as the "introduction of alcohol, operating either alone or concurrently with an unknown drug," is substantively different from a jury instruction, that defines intoxication...

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