Terrance Odel Cruder, Jr. v. the State of Texas
03-24-00328-CR
Tex. App.Jun 5, 2025Background
- Terrance Odel Cruder, Jr., was convicted of DWI in Williamson County, Texas, and sentenced to three days in jail.
- Police responded to a reported disturbance at a convenience store where Cruder and companions were denied alcohol sales due to lack of ID; Cruder was identified as the driver of a car partially out of a parking spot.
- Officers observed Cruder’s glassy, red eyes, the odor of alcohol and marijuana, and his fluctuating demeanor; a K-9 unit alerted to drugs in his vehicle.
- Officers performed a horizontal gaze nystagmus (HGN) test, which Cruder failed, but refrained from other tests due to safety concerns; Cruder refused breath and blood tests, requiring a warrant for a blood draw.
- No blood-alcohol evidence was presented at trial; conviction was supported chiefly by officer observations, Cruder’s behavior, test refusal, and body camera footage.
- Cruder appealed, challenging sufficiency of evidence for intoxication and the assessment of court costs, citing his indigency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence for Intoxication | No retrograde extrapolation or direct evidence showed intoxication when driving; lack of certain physical evidence; video focus on blood draw taken hours after arrest. | Officer testimony, HGN test, odor of alcohol, refusal of tests, and bodycam footage together support intoxication finding. | Evidence, viewed cumulatively, was sufficient for a rational trier of fact to find intoxication beyond a reasonable doubt. |
| Assessment of Court Costs | Trial court recognized Cruder's indigency and appointed counsel; thus costs should be waived. | Trial court statute allows deferred payment even for indigent defendants; Cruder did not object at trial. | No abuse of discretion; court properly ordered payment at a later date permitted by statute. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court sufficiency of the evidence standard)
- Stahmann v. State, 602 S.W.3d 573 (fact finder as sole judge of witness credibility in criminal sufficiency review)
- Mechler v. State, 123 S.W.3d 449 (evidence of intoxication relevant even after delay before blood draw)
- Merritt v. State, 368 S.W.3d 516 (appellate courts must credit factual conflicts resolved by trier of fact)
- Kiffe v. State, 361 S.W.3d 104 (circumstantial and direct evidence treated equally for sufficiency)