Porter v. State

Based on our standard of review, I am unable to say that there is no substantial evidence to support appellant’s conviction for driving while intoxicated, third offense. Therefore, I respectfully disagree with the majority’s reversal of this conviction based on insufficient evidence.

The facts of this case are straightforward. State Trooper Jim Brown investigated a one-vehicle accident that occurred at around six o’clock on Sunday morning, May 20, 2001. The appellant was the driver and sole occupant of the vehicle that was involved in the wreck. While at the scene, Officer Brown detected the…