Albert Foley, Jr. v. State

NUMBER 13-09-00473-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ALBERT FOLEY, JR., Appellant, v. THE STATE OF TEXAS, Appellee. On appeal from the 329th District Court of Wharton County, Texas. MEMORANDUM OPINION Before Justices Yañez, Garza, and Benavides Memorandum Opinion by Justice Garza A jury convicted appellant Albert Foley Jr. of his third driving while intoxicated offense. See TEX. PENAL CODE ANN. § 49.04 (Vernon 2003), § 49.09 (Vernon Supp. 2010). The jury also determined that the vehicle Foley was driving at the time of the offense was used as a deadly…