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also the power iso, bootable windows 7 (with serial keys). PowerISO Pro is a Windows application that is used to create and save ISO files from an open, although not necessarily final, operating system configuration. Software program elements include a user friendly interface, the ability to open files from various sources, the potential to burn files to CD or DVD media, and the ability to create bootable images of Windows operating systems. to the defendant’s intoxication, “and only then to the issue of intoxication as a defense to the defendant’s responsibility for his conduct.”
Id. at 414 (emphasis in original).
In this case, as in Leary and Stidd, appellant argues that the State focused on whether
appellant was driving drunk, while impermissibly shifting the burden of proof to the defendant to
prove that he was not the driver, and that the court improperly instructed the jury that this was an
element of the offense.
However, in this case, unlike Leary and Stidd, in which the State’s case against the
defendant was based on circumstantial evidence, appellant’s failure to stop after striking the victim
was witnessed by at least two witnesses. Thus, this case is factually distinguishable from Stidd, as
dispositive physical evidence was available. Furthermore, there was no instruction requiring the jury
to first find that appellant was driving before considering whether the evidence of intoxication had
been met. And in this case, it was appellant who provided the jury with the picture of his guilt or
innocence by testifying to his defense that he was not the driver of the van.
The supreme court in Edwards v. State, 107 S.W.3d 107 (Tex. App.—Houston [1st
Dist.] 2003, no pet.), addressed a similar issue of prejudice arising from an improper application of
3
The supreme court subsequently granted appellant’s writ of habeas corpus in Leary.
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