OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW MALONEY, Judge. Appellant was convicted by a jury of driving while intoxicated. Tex.Rev.Civ. Stat.Ann. art. 6701/-1. The trial court assessed punishment at 180 days confinement in the county jail, probated for two years, and a $150.00 fine. The court of appeals reversed the conviction, holding that the tr…
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