Burnett v. Texas

Burt Burnett was charged with driving while intoxicated after he rear-ended another vehicle. The State alleged that Burnett was intoxicated “by not having the normal use of his mental and physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances." Burnett objected to including the entire “loss of faculties” statutory definition in either portion of the jury charge because the evidence showed that, if he was intoxicated, it was only due to alcohol, not anything else. His objection was overruled, and the jury convicted him. He was fined $1,000 and sentenced to 120 days’ confinement in the county jail, which was probated for eighteen months. The court of appeals help the trial court erred in instructing the jury to include the entire definition because no rational jury could conclude that Burnett consumed intoxicating drugs based on the evidence. The State appealed, but finding no reversible error in the appellate court's judgment, the Court of Criminal Appeals affirmed. View "Burnett v. Texas" on Justia Law