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Drichas v. State

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eBook details

  • Title: Drichas v. State
  • Author : Virginia Supreme Court
  • Release Date : January 16, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The Texas Court of Criminal Appeals has remanded this appeal to our Court for reconsideration of the sufficiency of the evidence to support the conviction of David Drichas. As we have set out in our previous opinions, Drichas was convicted by a jury for evading detention with a motor vehicle, and there was a finding that the vehicle was used as a deadly weapon. In our first opinion, we found the evidence both legally and factually insufficient to support the deadly weapon finding. The Texas Court of Criminal Appeals concluded there was some evidence and remanded to us for another factual sufficiency review. After a second full analysis of the evidence, citing to what at that time was the Texas Court of Criminal Appeals most recent pronouncement on that topic (Zuniga v. State, 144 S.W.3d 477 (Tex. Crim. App. 2004)), we again found the evidence factually insufficient and remanded for a new trial on the deadly weapon finding. Drichas v. State, 187 S.W.3d 161 (Tex. App.--Texarkana 2006), vacated, No. PD-0381-06, 2006 Tex. Crim. App. LEXIS 2448 (Tex. Crim. App. Dec. 20, 2006).


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