Pedro Elizondo Martinez, Jr. v. State
03-14-00802-CR
| Tex. App. | Oct 5, 2016Background
- On Oct. 30, 2013, Martinez crashed his truck on northbound I‑35 in Georgetown, leaving the vehicle facing southbound and blocking the left lane. Officers arrived after the crash.
- Officers observed signs of intoxication (slurred speech, bloodshot/glassy eyes, using the truck to steady himself) and Martinez admitted drinking and that he "hydroplaned" and hit the center divider.
- Martinez refused field sobriety tests and was arrested for driving while intoxicated; a patrol‑car dash video captured admissions that he had been drinking and driving.
- The jury convicted Martinez of DWI, assessed 17 years, and made an affirmative finding that his vehicle was a deadly weapon.
- At trial, an officer testified about an unrelated 2012 I‑35 crash in which an intoxicated driver seriously injured a traffic‑control officer; Martinez objected to that testimony as irrelevant/prejudicial.
- Martinez appealed, challenging (1) sufficiency of evidence for the deadly‑weapon finding and (2) admission of the unrelated‑accident testimony.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Martinez) | Held |
|---|---|---|---|
| Sufficiency of deadly‑weapon finding (vehicle) | Evidence of vehicle damage, location on I‑35, officer testimony that other cars were on road and vehicle was "capable" of causing collision supports finding that others were actually endangered. | No evidence actual danger to others during the offense; officers arrived after crash and did not witness driving; danger to others was only hypothetical. | Reversed as to the deadly‑weapon finding: evidence insufficient; finding deleted from judgment. |
| Admissibility of testimony about prior 2012 I‑35 accident | Testimony provided context about why the area is dangerous; probative of roadway danger. | Irrelevant and unduly prejudicial extraneous‑incident evidence. | Even if erroneous, admission was harmless as to guilt given overwhelming evidence of intoxication; issue overruled. |
Key Cases Cited
- Drichas v. State, 175 S.W.3d 795 (Tex. Crim. App. 2005) (traffic present during erratic driving supported deadly‑weapon finding)
- Sierra v. State, 280 S.W.3d 250 (Tex. Crim. App. 2009) (collision causing serious injury supported deadly‑weapon finding)
- Cates v. State, 102 S.W.3d 735 (Tex. Crim. App. 2003) (no other traffic present — insufficient for deadly‑weapon finding)
- Brister v. State, 449 S.W.3d 490 (Tex. Crim. App. 2014) (brief center‑line crossing with few cars and no evidence of actual danger insufficient)