Barron v. State (Original)
Annotate this CaseDefendant was convicted of misdemeanor driving while intoxicated and she appealed. The Fifth Court of Appeals found error in the trial court's "synergistic effect" instruction to the jury. While the court agreed with the outcome of the court of appeal's judgment, that court's harm analysis simply repeated its error analysis. The court held that the "synergistic effect" instruction delivered in this case introduced a specific mode of action and supported the State's theory that the combination of hydrocodone and alcohol produced intoxication. Under the facts of this case, the court did not find such an instruction harmless and affirmed the judgment of the court of appeals.
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