[W] Landers v. State4/17/2003
ost favorable to the verdict. See Lucero, 915 S.W.2d at 614. Any inconsistencies in the evidence are resolved in favor of the verdict. Id.
In reviewing the factual sufficiency of the evidence, we view all the evidence for and against the finding in a neutral light and set aside the verdict only if "proof of guilt is so obviously weak as to undermine confidence in the jury's determination, or . . . although adequate if taken alone, is greatly outweighed by contrary proof." Johnson v. State, 23 S.W.3d 1, 11 (Tex. Crim . App. 2000). We review the fact-finder's weighing of the evidence and are authorized to disagree with the factfinder's determination. Clewis v. State, 922 S.W.2d 126, 133 (Tex. Crim. App. 1996). Our review, however, must be appropriately deferential so as to avoid substituting our own judgment for that of the factfinder. Jones v. State, 944 S.W.2d 642, 648 (Tex. Crim. App. 1996). The factfinder is the judge of the credibility of the witnesses and may "believe all, some, or none of the testimony." Chambers v. State, 805 S.W.2d 459, 461 (Tex. Crim. App. 1991). An appellate court may not interfere with a jury's resolution of conflicts in the evidence. Davila v. State, 930 S.W.2d 641, 647 (Tex. App.—El Paso 1996, pet. ref'd); Taylor v. State, 921 S.W.2d 740, 746 (Tex. App.—El Paso 1996, no pet.).
B. Legal Sufficiency
In her first issue, appellant asserts there is no evidence that, at the time she operated a motor vehicle, she had lost the normal use of her physical or mental faculties due to the use of drugs or alcohol, or a combination of both.
Wayne Baxter testified that at approximately 9:45 p.m., he saw appellant driving very slowly and erratically across lanes of the road; he was forced to the side of the road to avoid an accident when she swerved toward his car as he tried to pass her. Baxter saw appellant's truck hit a pole beside the road, after which he saw a woman of appellant's stature get out of the truck, appearing dazed and having difficulty moving around. Baxter testified he regularly gets off of work at 9:00 p.m., it takes him 45-50 minutes to drive home, and he was about ten minutes from home when the incident occurred. Baxter parked beside the road and called 911. He then saw a man and a woman drive up in a small truck, push appellant's truck to the side of the road, and drive off with her. Baxter followed them, saw them drive into a nearby trailer park , and returned to the scene of the accident. There, he told Deputy Constable Landers, who had arrived in the meantime, what happened.
Deputy Landers testified he received a dispatch call about 10:00 p.m. and arrived at the scene within five minutes. He spoke to Baxter briefly, went to appellant's trailer park, and found her sitting in the truck that drove her home. There, within fifteen minutes of the accident, Landers observed that appellant's eyes were wide open, that she was semi-coherent and that she spoke with slurred words. Landers returned appellant to the scene of the accident about 10:25 p.m., and turned the investigation over to Deputy Sheriff Seward, who first observed appellant approximately thirty minutes after the accident. Seward testified that appellant was unable to stand without assistance, fell back onto the patrol car, and slurred her speech. In his opinion, appellant had lost the normal use of her mental or physical faculties. Seward took her into custody for observation, and drove her to the police station; because he smelled no alcohol on her breath, he called ahead for a drug recognition expert.
Deputy Sheriff Barnett, a drug recognition specialist, observed appellant at the police station within an hour and twenty minutes of the accident. Barn
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