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Smith v. State8/25/2003
ysical faculties. See Yates v. State, 1 S.W.3d 277, 280 (Tex. App.-Fort Worth 1999, pet. ref'd) (even if defendant appeared sober on videotape made one-and-a-half hours after arrest for DWI, evidence, including defendant's erratic driving and officer's conclusion that defendant was intoxicated, was factually sufficient to support conviction).
Conclusion
Having reviewed all of the evidence under the appropriate standards, we conclude the proof of guilt is not so weak nor the contrary proof so overwhelming as to render the verdict clearly wrong and manifestly unjust. Accordingly, we overrule appellant's sole point of error.
We affirm the trial court's judgment.
ROBY HADDEN JUSTICE, ASSIGNED
Do Not Publish Tex. R. App. P. 47
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