Beard v. State

Deen, Presiding Judge.

Donna Sue Beard appeals from her conviction of driving under the influence of alcohol.

1. The trial court did not err in denying Beard’s motion for a new trial based on an assertion that the State failed to prove venue beyond a reasonable doubt.

Venue, like every other material allegation in the indictment, must be proved beyond a reasonable doubt. Where venue is not established any ensuing judgment is invalid, but the reversal of a conviction for failure to prove venue does not act as a bar to retrial in a court where venue is proper and proven. Hernandez v. State, 182…