Fowler v. State

REAVIS, Justice.

Pursuant to a plea of not guilty, appellant Cecil Doyle Fowler was convicted by a jury of driving while intoxicated and punishment was assessed at ten years confinement. By a sole issue, appellant challenges the legal and factual sufficiency of the evidence to support his conviction. Because we decline to hold that an unpaved driveway of a rural residence located approximately one-fourth of a mile from a county road in an isolated and secluded area of Donley County is a “public place” as defined in section 1.07(a)(40) of the Texas Penal Code, we reverse and render a judgment…