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Jacobs v. State5/20/2004
s Exhibit 1, which had been previously copied for defense counsel prior to trial today.
(State's Exhibit 1 offered)
[Defense Counsel]: Your Honor, I believe that I'm going to object to the records to the extent that they contain hearsay within hearsay. I understand that they've been proved up as business records, but the hearsay in evidence, what's contained within them, I object to.
THE COURT: No. It's a business record, it comes in, so I admit the exhibit.
Jacobs' counsel's objection did not make the trial court aware of where in the records the objectionable material is. There is no specific reference to the inadmissible parts of the medical records. This is not an objection specific enough to make the trial court aware of what is being objected to. Nor can we say that the inadmissible material which forms the basis of the objection is apparent from the context. The medical records contained approximately forty pages of entries properly authenticated as business records, and the complained-of evidence consists of a single word. Therefore, we conclude the error was not preserved.
Sufficiency of the Evidence
In his second and third points of error, Jacobs contends there is legally and factually insufficient evidence for a jury to conclude beyond a reasonable doubt that he operated the vehicle in question. In our review of the legal sufficiency of the evidence, we employ the standards set forth in Jackson v. Virginia, 443 U.S. 307, 319 (1979). This calls on the court to view the relevant evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Johnson v. State, 23 S.W.3d 1, 7 (Tex. Crim. App. 2000); Turner v. State, 805 S.W.2d 423, 427 (Tex. Crim. App. 1991).
When reviewing a challenge to the factual sufficiency of the evidence to support the conviction, we are required to determine whether, considering all the evidence in a neutral light, the jury was rationally justified in finding guilt beyond a reasonable doubt. Zuniga v. State, No. 539-02, slip op. at 8, 2004 Tex. Crim. App. LEXIS 668, *20 (Tex. Crim. App. Apr. 21, 2004). There are two ways in which we may find the evidence to be factually insufficient. First, if the evidence supporting the verdict, considered alone, is too weak to support the jury's finding of guilt beyond a reasonable doubt, then we must find the evidence insufficient. Id. Second, if—when we weigh the evidence supporting and contravening the conviction—we conclude the contrary evidence is strong enough that the State could not have met its burden of proof, we must find the evidence insufficient. Id. "Stated another way, evidence supporting guilt can 'outweigh' the contrary proof and still be factually insufficient under a beyond-a-reasonable-doubt standard." Id. If the evidence is factually insufficient, then we must reverse the judgment and remand for a new trial. Clewis v. State, 922 S.W.2d 126, 135 (Tex. Crim. App. 1996).
The elements necessary to prove that a person committed the offense of DWI are 1) a person, (2) is intoxicated, (3) at the time of, (4) operating, (5) a motor vehicle, (6) in a public place. Jacobs contends there is insufficient evidence that he was the person operating the vehicle.
On November 9, 2002, emergency medical personnel responded to the report of a wrecked pickup truck. The truck was stuck in a ditch with substantial damage. The pickup truck was running, in gear, and the driver's side door was open. Jacobs was discovered face down, intoxicated, and unconscious in a ditch about 200 to 400 yards from the wrecked vehicle. No
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