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Beaster v. State

3/24/1999

the time period during which the accident could have occurred to a twenty-one minute span and showed appellant was intoxicated at a point only twenty-one minutes after the accident. Given Smith's testimony about distance to the nearest bar, the absence of alcohol containers, appellant's videotaped confession to drinking at a friend's house, her statement that she was returning home, the accident location on the exit ramp leading to her residence, and the intoxilyzer results, the trial court could reasonably deduce that appellant was driving while intoxicated. See Tex. Penal Code Ann. §§ 49.01(2)(A), 49.04(a) (Vernon 1994 & Supp. 1999); Jackson v. Virginia, 443 U.S. 307, 319 (1979); see also State v. Savage, 905 S.W.2d 272, 274 (Tex. App._San Antonio 1995), aff'd, 933 S.W.2d 497 (Tex. Crim. App. 1996); Guerra v. State, 846 S.W.2d 124, 126 (Tex. App._Fort Worth 1993, no pet.) (evidence that appellant had been driving within thirty minutes of accident sufficient even for pre-Geesa case). We overrule appellant's sole point of error.


We affirm the trial court's judgment.


JOHN OVARD, JUSTICE


Do Not Publish


Tex. R. App. P. 47.3






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