Sifford v. State

OPINION

ODOM, Judge.

The offense is driving while intoxicated, a felony; the punishment, four years, probated.

By his first ground of error, appellant contends the prior misdemeanor conviction is void because he did not have counsel at that time, and was indigent and had not waived counsel. The prior conviction was had March 27, 1972, and the punishment assessed included jail confinement. Accordingly, appellant was entitled to appointed counsel if he was indigent and did not waive same. See Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530; Ramirez v. State, Tex.Cr.App., 486…