''Sufficient Evidence'' to Show Operation of a Motor Vehicle

In Barton v. State, 882 S.W.2d 456 (Tex. App.-Dallas 1994, no pet.), cited with approval in Denton v. State, 911 S.W.2d 388 (Tex. Crim. App. 1995), the Court held that evidence is sufficient to show operation of a motor vehicle "where the totality of the circumstances demonstrate that the defendant took action to affect the functioning of his vehicle in a manner that would enable the vehicle's use." Barton, 882 S.W.2d at 459. the trial court adopted this definition in its instructions to the jury. The standard for reviewing a legal sufficiency claim is well established. The Court examine the evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found beyond a reasonable doubt those elements of the offense that appellant challenges on appeal. See Jackson v. Virginia, 443 U.S. 307, 318-319, 61 L. Ed. 2d 560, 99 S. Ct. 2781 (1979); Narvaiz v. State, 840 S.W.2d 415, 423 (Tex. Crim. App. 1992).