Chaloupka v. State

OPINION

Opinion by

Justice GRANT.

Frank Michael Chaloupka was convicted of felony driving while intoxicated and sentenced to five years in the state penitentiary.

Chaloupka waived his right to jury by trial, and a bench trial was held. Chaloup-ka pleaded not guilty, but was found guilty by the judge. Chaloupka contends on appeal that there was insufficient evidence on which to convict him.

Chaloupka does not specify in his appeal whether he is challenging the legal sufficiency or the factual sufficiency. We may only consider the factual sufficiency of the evidence if the issue is properly raised.…