David Alan Daniel v. State

OPINION

TERRIE LIVINGSTON, CHIEF JUSTICE

Appellant David Alan Daniel appeals his convictions for two counts of racing on a highway. 1 In three issues, he contends that the evidence is insufficient to support the jury’s verdicts and that a material variance exists between the indictment and the evidence presented at trial. We affirm.

Background Facts

One evening in November 2011, Jose Reyes-Ramirez and his cousin, Ruben Es-calante, decided to go to a gym in Arlington. Reyes-Ramirez drove his car, and Escalante rode in the front passenger seat. Neither of them wore seatbelts.

That same evening,…