Jimmy Ferrell Cummings v. State

MAJORITY OPINION

KEM THOMPSON FROST, Justice.

Appellant Jimmy Ferrell Cummings appeals his conviction for the felony offense of driving while intoxicated, claiming the trial court committed fundamental error by failing to provide sua sponte a jury instruction under article 38.23 of the Texas Code of Criminal Procedure. This statute prohibits the admission of evidence obtained in violation of state or federal law and mandates a jury instruction when the evidence raises a material fact issue in this regard. Appellant also claims that his trial counsel provided ineffective assistance by failing to…