Whitmire v. State

OPINION ON STATES PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of the offense of reckless injury to a child, and his punishment assessed at two years confinement in the penitentiary. The evidence shows that in the late evening of January 23,1994, with a blood alcohol concentration of between .205 and .207, appellant drove his car across the center line of a highway in Comanche County, striking an on-coming car and seriously injuring a six year old boy who was riding in the back seat. On appeal appellant argued that the evidence was insufficient to establish he recklessly injured…