Crenshaw v. Texas (Original)
Annotate this CaseAppellant Bradley Crenshaw was convicted of driving while intoxicated. The Court of Appeals reversed his conviction, determining that the trial court erred in submitting a jury charge that included both the subjective and per se definitions of intoxication, even though the information alleged only the subjective definition. The Supreme Court granted the State's application for discretionary review. Upon review, the Court concluded that the per se definition of intoxication was only in the abstract section of the jury charge, and it was not incorporated into the application paragraph. The application paragraph tracked the language of the information, which alleged the subjective theory of intoxication, and thus restricted the jury's consideration to only those allegations contained in the information. The jury was presumed to have understood and followed the court's charge, absent evidence to the contrary. Therefore, the Court presumed that the jury convicted Appellant of DWI pursuant to the subjective theory of intoxication, and reversed the appellate court and reinstated the trial court's conviction.
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