Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of August 8, 2016.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Moore v. State, Nos. 02-15-00402-CR, 02-15-00403-CR (Aug. 11, 2016) (Gardner, J., joined by Livingston, C.J., and Dauphinot, J.).

Held:  The evidence was insufficient to support the finding that Appellant’s vehicle was a deadly weapon.  Appellant was convicted of DWI Felony-Repetition.  He rear-ended a vehicle stopped at a stop light, causing minor injuries to the stopped vehicle’s two occupants.  There was no evidence regarding the manner in which Appellant was driving before the accident, so there was no basis for finding beyond a reasonable doubt that the accident was the product of reckless driving as distinguished from criminally negligent driving.  For deadly weapon purposes, the State had to show reckless driving beyond a reasonable doubt.  Additionally, there was no basis for finding beyond a reasonable doubt that the actual danger exceeded the actual injuries.  For deadly weapon purposes, the State had to show beyond a reasonable doubt that there was a danger of death or serious bodily injury.