Bartlett v. State

HERVEY, J.,

filed a dissenting opinion.

This case requires the Court to apply several statutes, and the language of these statutes is the best indicator of how the Legislature intended for them to be applied. See generally Boykin v. State, 818 S.W.2d 782 (Tex.Cr.App.1991).

This is a DWI case, in which the trial court instructed the jury that appellant’s refusal to take a breath test “may be considered by you in the light of all other proven facts in deciding the question of guilt or innocence.”1 The Court decides that this “seemingly neutral” language in the jury instruction was an…