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Thornton v. State3/28/2001
s testimony that the defendant had passed out in his vehicle and was, in the firefighter's opinion, intoxicated, and concluded that the evidence was factually sufficient to support the conviction. Id. In our case, the State did not fix the exact time of the accident, but Thornton was too intoxicated to stand unassisted while the scene was still fresh. The possibility that Thornton could have become intoxicated after he ceased operating the vehicle is raised by the fact that there was an empty malt liquor bottle in the vehicle, but no one saw Thornton drinking after he ceased operating the vehicle. The proof of guilt, including Thornton's admissions to Hamilton and the testimony regarding his behavior following the accident, is not so obviously weak as to undermine our confidence in the verdict, nor is the evidence preponderating against a finding of guilt so overwhelming as to compel a conclusion that the verdict in this case is clearly wrong and unjust.
Points of error one and two are overruled. The judgment is affirmed.
AFFIRMED.
Submitted on January 23, 2001
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