Harrell v. Texas (original by judge hervey)
Annotate this CaseEarly one morning in March 2017, a telephone caller to the Van Alstyne Police Department reported a gray minivan being driven erratically. The caller, who was driving in the same direction, followed the minivan to a gas station, told police where it had been parked, relayed the vehicle’s license plate information, then hung up. The caller did not describe the driver. Police found the minivan a few minutes later. The motor was off, and Appellant Robert Harrell, Jr. was in the driver’s seat with the seatbelt buckled. There was no evidence about where the keys were, but Appellant admitted he had been driving. There were two passengers in the back. All three people in the minivan were intoxicated. The court of appeals held that the evidence did not tend to show the corpus delicti of DWI because, absent Appellant’s extrajudicial confession, there was insufficient evidence that he operated the minivan. The Texas Court of Criminal Appeals concluded the evidence was sufficient to support Appellant’s conviction, reversed the court of appeals' judgment, and remanded the case for the lower court to address Appellant’s remaining issue.
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