Driving While Intoxicated Case Law Update - Texas District ...

Tennerv v. State, 680 S.W.2d 629 (Tex.App.-Corpus Christi 1984, pet. ref'd).
Burden of proof is on defendant to show by sworn affidavit plus testimony (from some source) that
he is eligible for probation.
XXIV. PRIORS/ENHANCEMENTS
A. PROVING DEFENDANT IS PERSON NAMED IN JUDGMENT
1. I.D. MUST BE BASED ON MORE THAN "SAME NAME"
White v. State, 634 S.W.2d 81 (Tex.App.-Austin 1982, no pet.).
2. BOOK.IN CARD MUST BE TIED TO JUDGMENT AND SENTENCE
Zimmer v. State, 989 S.W.2d 48 (Tex.App.-San Antonio1998, Rehearing overruled 1999, pet.
ref'd).
Where State proved identity of defendant by using book-in card which it offered in conjunction with
a Judgment and Sentence andthe judge admitted the Judgmentand Sentence but notthe card, and
there was no evidence tying the card to the Judgment and Sentence, the proof was insufficient as
to that prior. (lt appears there may not have been a sufficient predicate laid for admssrbn of the slip,
r.e. busrness record, and implies no tie between the slip and the Judgment and Sentence [i.e. cause
number on slip tied to J & Sl because there was'no mention of same in the opinion.)
3. PROOF OF tD POSSTBLE WTTHOUT PRTNTS qR PHOTOS
Richardson v. State , 2004 WL 292662 (Tex.App.-Dallas 2004, no pet.) (Not designated for
publication).
There were no prints on the certified trial docket sheefg charging instruments, or the judgment and
probation order, nor were there any photographs used to prove the defendant was fhe same person
named in the two priors. The defendanf's address, gender, race, date of birth, and drivers' license
numberwere on fhose documents, and they matched the information gained from defendant atthe
time of the arrest. This was found to be sufficient proof that the defendant was the same person
named in the prior.
4. COMPUTER PRINTOUT AS PROOF OF PRIOR CONVICTION
Flowers v. State, 220 S.W.3d 919 (Tex.Crim.App.2007).
Held that a computer printout offered to prove prior conviction contained sufficient information and
indicia of reliability to constitute the functional equivalent of a judgment and sentence tied to this
particular defendant. In this case, the printout sfafes the defendant's name, the offense charged,
and date of commission; that he was found guilty of and sentenced for the offense; and gives the
1-27