Porter v. State

969 S.W.2d 60 (1998)

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Porter v. State

Texas Court of Appeals
969 S.W.2d 60 (1998)

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Facts

Gregory Brian Porter (defendant) was driving one night when his car crossed over the center lane of the highway and collided head-on with a truck driven by Michael Gourley. Gourley was killed on impact. Porter was taken to the hospital, where staff found a spoon and syringe in his sock. Blood tests showed that Porter had several controlled substances in his system at the time of the accident, including cocaine and methamphetamines. In addition, police recovered a recorded answering-machine message from an acquaintance of Porter’s from the night of the accident in which Porter said he was tired and should not be driving. Porter was charged with intoxication manslaughter and manslaughter, and a jury convicted him of manslaughter. Porter appealed, arguing that the evidence was insufficient to show recklessness, which was necessary to find him guilty of manslaughter. He argued that the evidence did not show he crossed the center line of the highway for any length of time prior to the accident, and therefore the evidence was insufficient to show that he was aware of and disregarded a substantial and unjustifiable risk.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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