Tracey Ellen Kappler v. The State of Texas--Appeal from County Court at Law No 4 of Bexar County

No. 04-98-00999-CR
Tracy Ellen KAPPLER,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 4, Bexar County, Texas
Trial Court No. 598383
Honorable Sarah Garrahan-Moulder, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: January 5, 2000

AFFIRMED

Tracy Ellen Kappler appeals the judgment convicting her of driving while intoxicated and sentencing her to sixty days confinement in the Bexar County Jail, probated for eight months, and imposing a fine of $450.00. We affirm.

In her first point of error, Kappler argues the trial court abused its discretion in denying her request to voir dire George McDougall to determine if he was qualified to testify as an expert on retrograde extrapolation. In her second point of error, Kappler argues the evidence is insufficient to accurately establish the level of intoxication at the time of her arrest. Kappler thus contends the jury was not authorized to find her guilty of driving while intoxicated because her alcohol concentration was .10 or above at the time she was stopped. But Kappler does not challenge the alternate theory upon which she may have been convicted, i.e., loss of the normal use of mental and physical faculties by reason of alcohol, and she has brought forward only a partial reporter's record. Under these circumstances, no reversible error is shown. See Tex. R. App. P. 34.6(c)(5); Hartman v. State, 2 S.W.3d 490, 494 (Tex. App.--San Antonio 1999, pet. filed); Hunt v. State, 967 S.W.2d 917, 919 (Tex. App.--Beaumont 1998, no pet.). We therefore affirm the trial court's judgment.

Sarah B. Duncan, Justice

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