Legal Opinion
Kirsch, Scott Alan
Court of Criminal Appeals of Texas
Decided January 25, 2012No. PD-0245-11PublishedCited by 618 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · AlcalaAlcala, J.
Appellant, Scott Alan Kirsch, was convicted of his second driving while intoxicated (DWI) offense in violation of Texas Penal Code § 49.04(a). 1 Tex. Pen.Code § 49.04(a). In his petition for discretionary review, appellant argues, in two issues, that the court of appeals erred by affirming the trial court’s charge to the jury, which included a definition of the statutorily undefined term “operate” as it is used in the DWI statute. We conclude that the trial court erred in defining that term and reverse the judgment of the court of appeals.
I. Background
On the night of the offense, Julie…
3Cases cited15 opinions
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Abdnor v. StateCourt of Criminal Appeals of Texas · 1994
- Walters v. StateCourt of Criminal Appeals of Texas · 2007
- Middleton v. StateCourt of Criminal Appeals of Texas · 2003
- Bartlett v. StateCourt of Criminal Appeals of Texas · 2008
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4Cited by618 opinions
- Celis, Mauricio RodriguezCourt of Criminal Appeals of Texas · 2013
- Cortez, Damien HernandezCourt of Criminal Appeals of Texas · 2015
- Arteaga v. StateCourt of Criminal Appeals of Texas · 2017
- Hanna v. StateCourt of Criminal Appeals of Texas · 2014
- In re AllenCourt of Criminal Appeals of Texas · 2015
613 more not listed; retrieve them via the Exa API.