Court of Criminal Appeals of Texas

Hossein Bagheri, Appellant v. the State of Texas

November 5, 20032003 Tex. Crim. App. LEXIS 713

Summary

The Court of Criminal Appeals of Texas affirmed the conviction for driving while intoxicated, holding that the admission of retrograde extrapolation testimony was not harmless error and that the Court of Appeals correctly rejected the presumption of harm and the applicability of the civil Casteel standard. The decision also clarified that the two intoxication theories are alternate means of proving a single offense, not separate offenses.