Court of Criminal Appeals of Texas

Mark Randall Brister, Appellant v. the State of Texas

December 10, 20142014 Tex. Crim. App. LEXIS 1916

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals' decision striking the deadly‑weapon finding in a felony DWI conviction, holding that the evidence did not show the vehicle endangered anyone other than the driver. The court rejected the state's argument that intoxication per se creates a deadly‑weapon finding and reiterated that actual danger to others must be proven.