Legal Opinion
Smith v. State
Texas Court of Appeals, 8th District (El Paso)
Decided March 8, 2000No. 08-98-00327-CRPublishedCited by 13 opinions
1Opinion of the Court
OPINION
SUSAN LARSEN, Justice.
This case involves a felony DWI conviction in which Randall Lamar Smith’s indictment alleged he had six previous convictions for the offense. Finding that this case is controlled by the recent holding of the Court of Criminal Appeals in Tamez v. State, 1 and finding harm, we reverse and remand for new trial.
FACTS
Smith was involved in two automobile accidents the night of June 8, 1997. Smith smelled strongly of alcohol, failed several field sobriety tests, and upon inventory, his car proved to contain a six-pack beer carton holding one unopened bottle of beer,…
2Cases cited6 opinions
- Old Chief v. United StatesSupreme Court of the United States · 1997
- Santellan v. StateCourt of Criminal Appeals of Texas · 1997
- Cain v. StateCourt of Criminal Appeals of Texas · 1997
- Tamez v. StateCourt of Criminal Appeals of Texas · 2000
- Lopez v. State, Texas Court of Appeals, 3rd District (Austin)1999
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tamez v. State, Texas Court of Appeals, 4th District (San Antonio)2001
- Robles v. State, Texas Court of Appeals, 14th District (Houston)2000
- Carter v. StateCourt of Special Appeals of Maryland · 2002
- Baker v. StateCourt of Appeals of Texas · 2001
- Allen, Dennis Lee v. State, Texas Court of Appeals, 8th District (El Paso)2002
8 more not listed; retrieve them via the Exa API.