Albert Foley, Jr. v. State

NUMBER 13-09-00473-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

ALBERT FOLEY, JR., Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 329th District Court

of Wharton County, Texas.

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion by Justice Garza

A jury convicted appellant Albert Foley Jr. of his third driving while intoxicated offense. See Tex. Penal Code Ann. § 49.04 (Vernon 2003), § 49.09 (Vernon Supp. 2010). The jury also determined that the vehicle Foley was driving at the time of the offense was used as a deadly weapon. See…