Gerron v. State

OPINION

A jury found Appellant guilty of the offense of misdemeanor DWI and the trial court sentenced him to 90 days in jail and a $1000 fine, probated for two years. At trial and on appeal, Appellant claimed that the trial court erred in denying him an Article 38.23, V.A.C.C.P. instruction regarding whether Appellant had faded to maintain a single lane of traffic. The Court of Appeals, with one justice dissenting, held however that Appellant was entitled to an article 38.23 jury instruction concerning whether a police officer could stop Appellant outside of his geographical jurisdiction and…