Otto v. State

OPINION

MEYERS, PRICE, JOHNSON, and KEASLER, JJ., joined.

A jury convicted appellant of felony driving while intoxicated. The issue presented in this case is whether a concurrent-causation jury instruction, that defines intoxication as the “introduction of alcohol, operating either alone or concurrently with an unknown drug,” is substantively different from a jury instruction, that defines intoxication as the “introduction of a combination of alcohol and an unknown drug.” We decide that there is no substantive or legally significant difference between these two charges and that the…