Lawrence Floyd Miller III v. State

Summary

The First Court of Appeals of Texas affirmed Lawrence Floyd Miller III’s conviction for driving while intoxicated, third offense. The court held that the evidence was legally sufficient to establish Miller’s identity as the driver and that the trial court properly admitted the identification evidence. It also concluded that the pretrial identification procedure was not impermissibly suggestive.

Holdings

1. The evidence was legally sufficient to support the conviction because direct and circumstantial evidence permitted a rational jury to find that Miller operated the pickup truck.
2. The identification procedure was not impermissibly suggestive, so the trial court properly denied the motion to suppress the in-court identification.

Questions Presented

1. Whether the evidence was legally sufficient to support Miller's conviction for driving while intoxicated, third offense, particularly as to his identity as the vehicle's operator.
2. Whether the trial court erred by denying Miller's motion to suppress Robinette's in-court identification because the pretrial identification procedure was impermissibly suggestive and created a substantial likelihood of misidentification.

Disposition

affirmed