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

preventing homicide, their objectives were nof so closely related as to justify interpreting sfafufes
together, and statutes u/ere not enacted with common purpose.
Lomax v. State, 233 S.W.3d 302 (Tex.Crim.App.2007), habeas relief denied, 2008 WL 5085653
(Tex.App.-Houston [14th Dist.] 2008, pet. ref'd).
Ihis case involved an offender who in the course of committing felony DWI was speeding, weaving
in and out of traffic, tail-gating and engaging in aggressive driving whictt resulted in a crash and a
death. The defense raised a number of arguments against fhe sfafe's decision to charge the
defendantwrth felony murder. The rssuesrar.sed were: the indictmentfailed to allege a mental state,
that fetony driving while intoxicated merges with felony murder, insufficient evidence he committed
an "act clearly dangerous to human life," -all of which were rejected by the Court of Criminal
Appeals.
Hollin v. State,227 S.W.3d 117 (Tex.App.-Houston [1't Dist.] 2006, pet. ref'd).
Ihis case involved a charge of felony murder where the underlying felony was a felony DWl. The
felony murder and intoxication manslaughter sfafufes were not in pari materia, and accordingly,
defendant's conduct, namely killing someone with his vehicle while he was driving under the
influence, was not exclusively governed by the offense of intoxication manslaughter, and therefore
it was within Sfafe's discretion to charge defendant with felony murder; penalties for felony murder
and intoxication manslaughter were different, the two statutes were not contained in the same
Iegislative acts, intoxication manslaughter.and felony murder did not require same elements of proof,
and the sfafufes were not intended to achieve same purpose.
Y. DWI WCHILD CAN BE THE UNDERLYING FELONY IN A FELONY MURDER
CHARGE
Biqon v. State, 252 S.W.3d 360 (Tex.Crim.App.2008).
The defendant was convicted of felony murder, intoxication manslaughter and manslaughter. The
Court dismlssed the intoxication manslaughter and manslaughter as it found they were the same
as the felony murder for double jeopardy purposes. The Court rejects the argument that the charge
could not stand because the State failed to allege or prove a mentalsfafe. lt further rejected the
argument that the act clearly dangerous was not done in furtherance of the underlying felony of DWI
w/Child. Court of CriminalAppeals affirmed.
Z. INVOLUNTARY MANSLAUGHTER PRIOR MAY NOT BE USED TO ENHANCE A
DWI TO A FELONY
Ex Parte Roemer, 215 S.W.3d 887 (Tex.Crim.App., 2007).
Defendant's prior conviction for involuntary manslaughter which was an "offense relating to the
operating of a motor vehicle while intoxicated," could be used to enhance his offense of driving while
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