Oliva v. State
2017 Tex. App. LEXIS 2594
| Tex. App. | 2017Background
- Late-night stop: Officers found Jose Oliva asleep in the driver’s seat of a running car parked in a lane of moving traffic; key in ignition, engine running, one open beer container.
- Signs of intoxication: Strong odor of alcohol, slurred speech, glassy eyes, poor balance, six HGN clues, and breath tests of .184 and .183.
- Charging and trial: Information alleged DWI and alleged one prior DWI conviction; Oliva pleaded not guilty. During guilt-innocence the State presented only evidence of the May 2015 incident and did not prove the prior conviction.
- Jury verdict and punishment: Jury convicted Oliva of DWI; at punishment the State introduced evidence of the prior DWI, jury found the prior, and assessed 180 days. Judgment labeled offense as "DWI 2nd" (Class A).
- Appellate focus: Whether a prior DWI is an element (requiring proof at guilt phase) or a punishment enhancement, and whether evidence supports that Oliva operated the vehicle while intoxicated.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Oliva) | Held |
|---|---|---|---|
| Whether a prior DWI conviction is an element of Class A misdemeanor DWI under Tex. Penal Code § 49.09(a) | Prior-DWI may be treated as enhancement in some authorities; but State conceded no evidence of prior at guilt phase | Prior DWI is an element that must be proved at guilt-innocence | Prior DWI is an element of the Class A DWI offense under §49.09(a) and must be proved at guilt phase |
| Whether evidence is sufficient to prove Oliva "operated" the vehicle while intoxicated (element of Class B DWI) | Circumstantial evidence (running engine, key in ignition, parked in lane of traffic, driver asleep, high BAC) supports operation while intoxicated | Alternative hypotheses (e.g., drank after parking) create reasonable doubt as to operation | Evidence sufficient to prove operation while intoxicated; supports conviction for lesser-included Class B DWI |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for legal-sufficiency review)
- Calton v. State, 176 S.W.3d 231 (Tex. Crim. App. 2005) (statutory interpretation of elements vs. punishment enhancement)
- Gibson v. State, 995 S.W.2d 693 (Tex. Crim. App. 1999) (prior intoxication offenses are elements under §49.09)
- Mapes v. State, 187 S.W.3d 655 (Tex. App.—Houston [14th Dist.] 2006) (one prior DWI is required element of Class A DWI)
- Thornton v. State, 425 S.W.3d 289 (Tex. Crim. App. 2014) (reform judgment to lesser-included offense when evidence supports it)
- Denton v. State, 911 S.W.2d 388 (Tex. Crim. App. 1995) (totality-of-circumstances test for "operate")
- Kuciemba v. State, 310 S.W.3d 460 (Tex. Crim. App. 2010) (need temporal link between intoxication and operation)