Couthren v. Texas (original by judge richardson)Annotate this Case
Appellant Douglas Couthren was convicted by a jury of felony driving while intoxicated. The jury also found that, during the commission of the offense, Appellant used or exhibited a deadly weapon: a motor vehicle. The court of appeals affirmed the jury’s deadly weapon finding. Appellant claimed the court of appeals erred in upholding the deadly weapon finding absent evidence that he operated his vehicle in a reckless or dangerous manner. After review, the Texas Court of Criminal Appeals found there were no facts to support an inference that Appellant was operating his vehicle in a manner that was capable of causing death or serious bodily injury. The court of appeals erred in upholding the deadly weapon finding absent evidence that Appellant operated his vehicle in a reckless or dangerous manner. Therefore, the Court held the evidence insufficient to establish beyond a reasonable doubt that Appellant’s vehicle was used or exhibited as a deadly weapon during the offense of driving while intoxicated. The Court reversed only that part of the court of appeals’ judgment which affirmed the deadly weapon finding and reformed the trial court’s judgment to delete it.