Lemos v. State

OPINION

SUSAN LARSEN, Justice.

David Lemos appeals his conviction for two counts of intoxication manslaughter and two counts of causing an accident involving injury or death. Finding the trial court erred in precluding defense counsel from arguing a legitimate inference from the evidence, and further finding that the error was harmful, we reverse and remand.

Facts

Just after midnight on April 6, 2002, El Paso Police Officer Charles Walker responded to a complaint of a fight with weapons on Van Burén Street, which is one-way westbound. Upon arriving at the scene with lights flashing and siren on,…