Raymond Edward Olivas v. The State of Texas--Appeal from 272nd District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-02-00312-CR

Raymond Edward Olivas,

Appellant

v.

The State of  Texas,

Appellee

From the 272nd District Court

Brazos County, Texas

Trial Court # 29255F-272

MEMORANDUM Opinion

The jury found Raymond Olivas guilty of the offense of evading arrest with a vehicle.[1] Olivas was sentenced to 1 years in State Jail. We affirm.

In his sole issue, Olivas contends the evidence is legally and factually insufficient to support his conviction because the officer did not establish the identity of the suspect driving the vehicle which evaded him. Evidence in the record connected Olivas to the vehicle being pursued. And identity of a criminal defendant may be proved by inferences. See Sanders v. State, 119 S.W.3d 818, 820 (Tex. Crim. App. 2003); Roberson v. State, 16 S.W.3d 156, 167 (Tex. App. Austin 2000, pet. ref d). Viewing the evidence under the appropriate standards of review, we find the evidence both legally and factually sufficient to support the conviction. See Vodochodsky v. State, No. 74,129, 2004 Tex. Crim. App. LEXIS 663 (Tex. Crim. App. April 21, 2004) (legal sufficiency standard of review); Zuniga v. State, No. 539-02, 2004 Tex. Crim. App. LEXIS 668, at *20 (Tex. Crim. App. Apr. 21, 2004) (factual sufficiency standard of review). Olivas s issue is overruled.

Having overruled the issue, we affirm the judgment of the trial court.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Affirmed

Opinion delivered and filed November 10, 2004

Do not publish

[CR25]

[1] Olivas was tried for several instances of evading. This particular instance involved Olivas evading Officer Gabe Alvarez, Bryan Police Department, on December 12, 2001.