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Olivas v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 10, 2004
No. 10-02-00312-CR (Tex. App. Nov. 10, 2004)

Opinion

No. 10-02-00312-CR

Opinion delivered and filed November 10, 2004. DO NOT PUBLISH.

Appeal from the 272nd District Court, Brazos County, Texas, Trial Court # 29255F-272. Affirmed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


The jury found Raymond Olivas guilty of the offense of evading arrest with a vehicle. Olivas was sentenced to 1½ 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.

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


Summaries of

Olivas v. State

Court of Appeals of Texas, Tenth District, Waco
Nov 10, 2004
No. 10-02-00312-CR (Tex. App. Nov. 10, 2004)
Case details for

Olivas v. State

Case Details

Full title:RAYMOND EDWARD OLIVAS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 10, 2004

Citations

No. 10-02-00312-CR (Tex. App. Nov. 10, 2004)

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Olivas v. State

Olivas v. State, No. 10-02-00311-CR, 2004 WL 2566607, 2004 Tex.App. LEXIS 10131 (Tex.App.-Waco 2004) (not…