Thomas Benson Taylor v. State
10-16-00382-CR
| Tex. App. | Apr 19, 2017Background
- Thomas Benson Taylor pleaded guilty to driving while intoxicated (DWAI), third-or-more offense; jury assessed punishment and found he used a deadly weapon (his pickup truck). Sentence: 35 years' incarceration. Appeal challenges the deadly-weapon finding.
- Charged and enhanced based on multiple prior DWI convictions; State sought deadly-weapon finding based on vehicle use during the offense.
- Arresting deputy observed Taylor driving a full-size pickup on a two-lane, narrow, heavily traveled road (Old Renfro Road) at 63 mph in a 40 mph zone, near houses and a crowded flea market ~10 feet from the road.
- Deputy reported Taylor failed to slow at a yield sign, crossed the center line when turning onto FM 917, and caused another vehicle to take evasive action; deputy later smelled alcohol, observed slurred speech, found open and consumed beer in the vehicle, and administered field sobriety tests showing severe impairment.
- Forensic breath tests returned 0.183 and 0.176 (well above 0.08). Deputy arrested Taylor for DWI; jury found the vehicle was used as a deadly weapon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for deadly-weapon finding | Taylor: evidence does not show the vehicle posed an actual danger of death or serious bodily injury that day; officer omitted some facts from report and did not stop him for reckless driving | State: testimony showed speeding, failure to yield, crossing center line, causing another car to take evasive action on a narrow, busy road near a flea market — vehicle use was capable of causing death/serious injury and created actual danger | Court affirmed: evidence sufficient to support deadly-weapon finding (vehicle used in manner capable of causing death/serious injury and put others in actual danger) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review in criminal cases)
- Brooks v. State, 323 S.W.3d 893 (defer to jury on credibility; sufficiency review standard)
- Drichas v. State, 175 S.W.3d 795 (elements for deadly-weapon finding; actual danger requirement)
- Sierra v. State, 280 S.W.3d 250 (motor vehicle can be a deadly weapon depending on manner of use)
- Brister v. State, 449 S.W.3d 490 (contrast case where facts did not support deadly-weapon inference)
- Cates v. State, 102 S.W.3d 735 (application of sufficiency review to deadly-weapon findings)