Osuch v. State

OPINION

TAFT, Justice.

A jury found appellant, Glenn Paul Osuch, guilty of driving while intoxicated. The trial court assessed punishment at 180 days in jail, probated for one year, and a fine of $500. After determining which version of the appellate rules apply, we address whether a destroyed videotape taken at the scene of appellant’s arrest is necessary to appellate review. We reverse.

Facts

A Houston police officer saw appellant run two stop signs. Appellant pulled into his driveway and got out of his car. The officer approached appellant, smelled alcohol, and observed other evidence of…