Dewitt v. State

In Dewitt v. State, 763 S.W.2d 524 (Tex.App.--El Paso 1988, pet. ref'd), witnesses inside a convenience store heard a car crash into one of its walls. Within an estimated five seconds, the witnesses looked out and saw appellant alone inside the vehicle slumped over on the driver's side. Appellant's car was the only car in the parking lot and no one else was present. The Department of Public Safety arrived within 10 to 12 minutes. When appellant was taken out of the car, he appeared intoxicated. Finally, it was noticed that the hood of his car exhibited heat when it was touched. The appellate court held the evidence sufficient to support the jury's evident conclusion that immediately prior to his abrupt stop, appellant had been driving the vehicle on a public highway, even though no one actually saw him drive on a public roadway. Id. at 526.