Hanna v. State

KELLER, P.J.,

filed a dissenting opinion in which KEASLER, J., joined.

While appellant was driving while intoxicated, his car struck a utility pole. The pole was broken in half, with power lines spread on the ground. I believe that those facts, by themselves, are sufficient circumstantial evidence of causation (that the defendant’s crime of driving while intoxicated caused the damage to the utility pole). As we stated in Kuciemba v. State, “Being intoxicated at the scene of a traffic accident in which the actor was a driver is some circumstantial evidence that the actor’s intoxication caused…