Gaddis v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted by a jury of the misdemeanor offense of driving while intoxicated. Art. 67011-l(b), V.A.T.S. 1 The court assessed punishment at six months’ confinement in jail, probated for two years, and a fine of $200.00. The First Court of Appeals reversed the conviction, holding the argument of the prosecutor which referred to appellant’s refusal to take a breath test introduced evidence outside the record. Gaddis v. State, 714 S.W.2d 458 (Tex.App.—Houston [1st Dist.] 1986). We granted the State’s petition for…