Calvin Joe McCollum A/K/A Gary Lavern Wymore v. State, 01-15-00303-CR

Appellant Calvin McCollum (aka Gary Wymore) was charged with Driving While Intoxicated (third-or-more offense) after a traffic stop on April 2, 2014; convicted by jury and sentenced to 30 years; appeal filed.
Officers Santiago (in training) and Sgt. Tyler White stopped a gray van for lane violations after a reckless-driver dispatch; appellant exited the vehicle, provided an expired KY ID, and gave inconsistent identifying information.
Officers smelled a strong odor of alcohol, observed glassy/bloodshot eyes and alleged slurred speech; appellant appeared unsteady and swayed; he stated he was driving to check on a friend who had had a stroke.
Only one standardized field sobriety test (walk-and-turn) was completed; White observed multiple “clues” (use of arms for balance, failure to walk heel-to-toe, stepping off line) and concluded intoxication; HGN was not performed, one-leg stand was not completed due to appellant’s reported bad back.
Portable breath test attempts produced insufficient samples; appellant refused breath or blood at the station; an empty cup smelling of alcohol was found in the vehicle.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence of intoxication	State: Officers’ observations (odor, slurred speech, gait, walk-and-turn clues, PBT attempts, refusal) supported conviction	McCollum: Evidence legally insufficient—officers inexperienced, only one SFST completed, medical/back issues and other explanations for gait, smell alone not proof, no BAC proven	No appellate decision included in this brief; appellant asks court to reverse and render not guilty (appeal pending)

Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (standard for appellate review of legal sufficiency — view evidence in light most favorable to verdict)
Pomier v. State, 326 S.W.3d 373 (Tex. App. — Houston [14th] 2010) (application of sufficiency review in DWI context)