Ernest Villa Marquez v. the State of Texas

Summary

The Eleventh Court of Appeals of Texas affirmed Ernest Villa Marquez’s conviction for felony driving while intoxicated and his thirty-seven-year sentence. The court held that the evidence was legally sufficient to prove that Marquez operated a motor vehicle while intoxicated, despite no law enforcement officer observing him drive.

Holdings

1. The evidence was legally sufficient to establish that Appellant operated the pickup while intoxicated. Operation may be shown by the totality of the circumstances and does not require eyewitness testimony that the defendant drove the vehicle while intoxicated.
2. The evidence was more than sufficient to prove that Appellant was intoxicated while operating the pickup.

Questions Presented

1. Whether the evidence was legally sufficient to prove that Appellant operated a motor vehicle while intoxicated.
2. Whether the absence of a law-enforcement eyewitness to Appellant's driving and Garcia's asserted credibility problems rendered the evidence insufficient.

Disposition

affirmed