Birdwell v. State

OPINION

QUENTIN KEITH, Commissioner.

Appellant was convicted of the offense of driving while intoxicated and the jury assessed his punishment at a fine of $100 and confinement in jail for seven days.

The sufficiency of the evidence is not challenged and appellant’s single ground of error complains of the trial court’s action in permitting a police officer to testify as to the results of a breathalyzer test without a proper predicate having been laid.

The circumstances surrounding the alleged error are these: Before the trial be gan, State’s counsel advised the court and appellant’s counsel that…