State v. Lyons

OPINION

WEAVER, Chief Justice.

The State appeals from the trial court’s grant of a new trial to appellee, Thomas Michael Lyons (Lyons). See TEX.CODE CRIM.PROC.ANN. art. 44.01(a)(3) (Vernon Supp.1990). Lyons was convicted by a jury of driving while intoxicated (DWI). See TEX.REV.CIV.STAT.ANN. art. 67011-1 (Vernon Supp.1990). The jury assessed punishment at sixty days confinement in the county jail, recommending that the confinement be probated, and a fine of $600. The trial court entered judgment in accordance with the verdict, suspending the jail term and placing Lyons on probation for…