Fortson v. State

BOYD, Chief Justice.

In four points of error, appellant Eugene Burdick Fortson challenges his conviction of driving while intoxicated and the resulting punishment, assessed by the court, of thirty (30) days confinement in the Grayson County Jail, probated for one year, and a $500 fine. In his points, he contends the trial court erred in 1) entering a purported nunc pro tunc order setting aside a previous order in arrest of judgment; 2) refusing to set aside his motion to dismiss “AFTER THE JURY HAD BEEN SWORN AND THE INFORMATION UPON THE STATE WAS PROCEEDING TO TRIAL HAD NOT BEEN *512PROPERLY…