Ivey v. State

OPINION

G. ALAN WALDROP, Justice.

We withdraw the unanimous opinion and judgment issued August 30, 2007, and substitute the following opinion, dissenting opinion, and judgment in its place.

Appellant Mark William Ivey appeals the trial court’s decision to place him on two years’ probation following his conviction for driving while intoxicated. We affirm.

Ivey was arrested and charged by information and complaint with the offense of driving while intoxicated. Before trial, Ivey elected to have the jury assess punishment in the event of a conviction. The jury found Ivey guilty. During the…