Forte v. State

OPINION ON APPELLANT’S AND STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted by a jury of driving while intoxicated. Punishment was assessed at confinement in jail for 30 days and a fine of $200.00.

The Second Court of Appeals reversed appellant’s conviction, holding that appellant was denied a limited right to counsel prior to making a decision whether to provide a breath sample for an intoxilyzer test for alcohol concentration. Forte v. State, 686 S.W.2d 744, 745 (Tex.App.—Fort Worth 1985) (Opinion on Rehearing). The Court of Appeals rejected appellant’s…