State v. Hornsby

OPINION

DROWOTA, Justice.

The State has appealed from a judgment of the Court of Criminal Appeals reversing and dismissing, on the basis of the “physical facts rule,” the convictions of Keith Hornsby, Defendant-Appellee, for vehicular homicide and reckless driving. We granted the State’s Rule 11 application to decide whether the “physical facts rule” is applicable to a criminal case and, if so, whether it should have been applied to the facts presented here. For the reasons set forth below, we hold that the physical facts rule is applicable to criminal cases but that the Court of Criminal…