Opinion · Court of Criminal Appeals of Texas
Murray, Chad William
2015 Tex. Crim. App. LEXIS 391
- Type
- Opinion
- Court
- Court of Criminal Appeals of Texas
- Jurisdiction
- Texas
- Date
- 2015-04-15
- Topic
- general
concluding that “because Appellant was the only person found in the area, a factfinder could have also reasonably inferred that Appellant drove his vehicle to the location at which he was found” | concluding that “because Appellant was the only person found in the area, a factfinder could have also reasonably inferred that Appellant drove his vehicle to the location at which he was found” | stating that we may not use “divide and conquer” strategy when evaluating sufficiency of evidence | stating that we may not use “divide and conquer” strategy when evaluating sufficiency of evidence | stating that we may not use “divide and conquer” strategy when evaluating sufficiency of evidence | noting that Jackson standard “tasks the factfinder with resolving conflicts in the testimony, weighing the evidence, and drawing reasonable inferences from basic facts” | concluding evidence legally sufficient to support DWI despite no specific evidence as to when defendant became intoxicated because, among other things, defendant failed field sobriety tests | explaining that appellate courts determine whether necessary inferences are reasonable based upon combined and cumulative force of all evidence when viewed in light most favorable to verdict | holding that a jury could have inferred the defendant drove his car while intoxicated when (1) he was found inside the vehicle, (2) he was the only person in the vehicle and vicinity, (3) no alcoholic substances or containers were found in the area, and (4 | holding that a jury could have inferred the defendant drove his car while intoxicated when (1) he was found inside the vehicle, (2) he was the only person in the vehicle and vicinity, (3) no alcoholic substances or containers were found in the area, and (4 | noting that the factfinder may draw reasonable inferences from the basic facts | explaining that appellate courts should not focus on evidence that was “missing” compared to evidence in other cases and instead should determine whether evidence that was admitted would allow any rational fact finder to convict | resolving conflicts in testimony, weighing the evidence, and drawing reasonable inferences is the factfinder’s role | reviewing court determines whether jury’s inferences are reasonable based on evidence’s cumulative force when viewed in the light most favorable to the verdict | "When the record supports conflicting inferences, we presume that the factfinder resolved the conflicts in favor of the verdict, and we defer to that determination." | “The court conducting a sufficiency review must not engage in a ‘divide and conquer’ strategy but must consider the cumulative force of all the evidence.” | “When the record supports conflicting 12 inferences, we presume that the factfinder resolved the conflicts in favor of the verdict, and we defer to that determination.” | “This [sufficiency-of-the-evidence] standard tasks the factfinder with resolving conflicts in the testimony, weighing the evidence, and drawing reasonable inferences from basic facts.” | “The court conducting a sufficiency review must not engage in a ‘divide and conquer’ strategy but must consider the cumulative force of all the evidence.” | “When the record supports conflicting inferences, we presume that the factfinder resolved the conflicts in favor of the verdict, and we defer to that determination.” | “When the record supports conflicting inferences, we presume that the factfinder resolved the conflicts in favor of the verdict, and we defer to that determination.” | “When the record supports conflicting inferences, we presume that the factfinder resolved the conflicts in favor of the verdict, and we defer to that determination.” | “When the record supports conflicting inferences, we presume that the factfinder resolved the conflicts in favor of the verdict, and we defer to that determination.” | “When the record supports conflicting inferences, we presume that the factfinder resolved the conflicts in favor of the verdict,
Citator
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OPINION
.Hervey, J.,delivered the opinion of the Court
in which Keller, P.J., Johnson, Keasler, Alcala, Richardson, Yeary, Newell, JJ., joined.Chad William Murray, Appellant, was charged with misdemeanor driving while intoxicated and was convicted by a jury. He was sentenced to one-year confinement in the county jail and ordered to pay a $1,000 fine. His sentence of confinement was suspended, and Appellant was placed on community supervision for two years. On appeal, Appellant argued that there was insufficient evidence adduced at trial to prove beyond a reasonable doubt that, for purposes of the DWI statute, he was operating a vehicle. The court of appeals agreed, reversed the judgment below, and rendered an acquittal. The State Prosecuting Attorney filed a petition for review in this Court, which we granted. The sole question for our review is whether “a driv
On January 16, 2011, between approximately 1:00 a.m. and 2:00 a.m.-, Deputy James McClanahan of the Hill County Sheriffs Office was driving on Highway 22 when he saw Appellant’s black truck parked on the side of the road. The vehicle, with its headlights on, was parked partially on an improved shoulder and partially in a driveway near a fireworks stand. The officer believed that the engine was running because, due to the cold weather, he could see exhaust vapors leaving the tailpipe of the truck, but he could not see anyone in the vehicle as he drove past it. And because the fireworks stand near Appellant’s truck had been broken into recently, Deputy McClanahan suspected that Appellant may have been attempting to steal fireworks, so he parked and approached Appellant’s truck on foot. As he neared the vehicle, he saw Appellant reclined in the driver’s seat asleep. He also confirmed that the engine was running, the truck transmission was in the “park” position, and the radio was on with the volume turned up. Because of the volume of the radio, McClanahan had to “beat” on the driver’s side window for a few minutes to rouse Appellant. Once awake, Appellant rolled down the window, and Deputy McClanahan immediately smelled alcohol in the truck. He also noted that Appellant appeared very intoxicated, his movements were sluggish, and his speech was impaired. He asked Appellant whether he had been drinking alcohol, and Appellant responded that “he’d had a little.” There was no one else in Appellant’s vehicle or anyone near the area, and no alcoholic substances or containers were found in the vicinity.
McClanahan, who was not certified to administer standard field sobriety tests, radioed for an officer certified to perform those tests. Trooper Frederick Hart from the Department of Public Safety was dispatched to the scene. Hart testified that Appellant failed all of the standard field sobriety tests. Consequently, Trooper Hart arrested Appellant for DWI.
Evidentiary-sufficiency principles
When reviewing whether there is legally sufficient evidence to support a criminal conviction, the standard of review we apply is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (emphasis in original). This standard tasks the factfin-der with resolving conflicts in the testimony, weighing the evidence, and drawing reasonable inferences from basic facts. Id. On appeal, reviewing courts “determine whether the necessary inferences are reasonable based upon the combined and cumulative force of all the evidence when viewed in the light most favorable to the verdict.” Clayton v. State, 235 S.W.3d 772, 778 (Tex.Crim.App.2007). Thus, “[a]ppellate courts are not permitted to use a ‘divide and conquer’ strategy for evaluating sufficiency of the evidence” 2 because that approach does not consider the cumulative force of all the evidence. When the record supports conflicting inferences, we presume that the factfinder
Discussion
Although the court of appeals correctly stated the applicable standard of review for insufficient-evidence claims, it misapplied that standard of review in its analysis in two respects. First, the court engaged in a divide-and-conquer analysis, explaining away individual facts that, when considered together, would support a reasonable inference that Appellant operated his vehicle while intoxicated. Second, the court focused its analysis on evidence that was not admitted at trial by distinguishing “missing” evidence in Appellant’s case from evidence present in preceding cases. However, since Jackson was decided, the pertinent inquiry in an evidentiary-suffi-ciency analysis remains the same: whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.
The court of appeals concluded that the record showed that “[A]ppellant was simply found asleep in a running truck while parked off the roadway and mainly in a private driveway. And, while one can infer that someone had to have driven the truck there, we have no evidence as to when or whether the person was inebriated at the time.” Murray v. State, 440 S.W.3d 927, 929 (Tex. App.-Amarillo 2014, pet. granted). We disagree.
The record shows that Appellant’s vehicle engine was running, that he was in the driver’s seat, that he was the only person in the vehicle, and he was the only person in the vicinity. It also shows that there were no alcoholic beverages or containers in the area. McClanahan testified that, as soon as Appellant rolled down the driver side window, he could immediately smell alcohol, and he thought Appellant was “very intoxicated” based on his observations. Those observations included that Appellant’s actions were sluggish, his speech was impaired, and he could not remove his driver’s license from his wallet, although he tried and failed multiple times. McClanahan testified that, when he asked Appellant for identification, Appellant pulled business cards out of his wallet and tried to hand them to him, and when McClanahan told Appellant that those were business cards, Appellant handed him a folded $100 bill from his wallet. McClanahan told Appellant he did not want his money, and ultimately, he had to remove the driver’s license from Appellant’s wallet.
Based on Appellant’s admission that he had been drinking, McClanahan’s observation that Appellant appeared “very intoxicated,” and the fact that no alcoholic beverages were found in the vicinity, a factfinder could have reasonably inferred that Appellant consumed alcoholic beverages to the point of intoxication somewhere other than where he was found. Furthermore, because Appellant was the only person found in the area, a factfin-der could have also reasonably inferred that Appellant drove his vehicle to the location at which he was found after drinking to intoxication.3
. We solely address the sufficiency of the evidence as it pertains to the element of "operating” in the DWI statute because Appellant challenged only that element of the statute.
. Backer v. State, 389 S.W.3d 860, 873 (Tex. Crim. App. 2013).
. The court of appeals appears troubled that the record did not reveal "[w]hether [A]ppel-lant owned or was in some way affiliated with the fireworks stand .... [w]hether he began ingesting alcoholic substances at a locale near the fireworks stand ...,” and "whether establishments existed nearby whereat intoxicating substances could be acquired.” See Murray, 440 S.W.3d at 929. We believe that these concerns are without merit and lose sight of the ultimate inquiry of any evidentiaiy-suffi- ^ ciency analysis in a DWI case.
The State does not have the burden to prove where Appellant obtained or consumed