Opinion
No. 05-05-00561-CR
Opinion Filed October 17, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the County Court at Law No. 4, Collin County, Texas, Trial Court Cause No. 4-86975-03. Affirmed.
Before Justices FITZGERALD, LANG-MIERS, and MAZZANT.
OPINION
Eyad Alia was convicted of driving while intoxicated. The trial court assessed punishment at 60 days' confinement in the county jail, probated for one year, and a $500 fine. In two points of error, appellant contends the evidence is legally and factually insufficient to prove venue was in Collin County. The State responds that appellant failed to adequately brief his argument and, alternatively, the evidence is legally and factually sufficient to support appellant's conviction, and there was legally and factually sufficient evidence to show the accident occurred in Collin County. We affirm the trial court's judgment. In reviewing a challenge to the legal sufficiency of the evidence, we examine the evidence in the light most favorable to the judgment, and determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979); Sanders v. State, 119 S.W.3d 818, 820 (Tex.Crim.App. 2003). In reviewing the factual sufficiency of the evidence, we view all of the evidence in a neutral light to determine whether the jury was rationally justified in finding guilt beyond a reasonable doubt. Zuniga v. State, 144 S.W.3d 477, 484 (Tex.Crim.App. 2004); Johnson v. State, 23 S.W.3d 1, 7 (Tex.Crim.App. 2000). Under either review, the fact finder is the exclusive judge of the witnesses' credibility and the weight to be given to their testimony. Harvey v. State, 135 S.W.3d 712, 717 (Tex.App.-Dallas 2003, no pet.). Amanda Mauldin testified she was driving on the President George Bush Turnpike in the early morning hours of November 29, 2003. She stopped at toll booth number seven to put money in the toll basket. Appellant's vehicle crashed into the rear of Mauldin's stopped car. The impact knocked Mauldin's car 100 feet forward and caused the traffic light at the toll booth to fall on top of Mauldin's car. Appellant's car came to rest on the curb next to the cement wall. Appellant got out of his car, walked slowly toward Mauldin, and said, "This is the f'ing toll tag lane." State trooper Emmanuel Griffin testified he arrived at the accident scene at 3:00 a.m. He noticed appellant's eyes were a "glassy red color," and appellant had the smell of an alcoholic beverage on his breath. When Griffin asked appellant if he had been drinking, appellant said no. After administering field sobriety tests to appellant, Griffin determined that appellant had lost the normal use of his physical and mental faculties due to alcohol consumption. Appellant refused to give a breath sample, and Griffin transported him to the Collin County detention center to administer further tests. Griffin also testified that toll booth number seven is on the President George Bush Turnpike in Plano, Texas, located in Collin County. We conclude the evidence is legally and factually sufficient to support appellant's conviction. See Sanders, 119 S.W.3d at 820; Zuniga, 144 S.W.3d at 484. We overrule appellant's points of error. We affirm the trial court's judgment.