Singleton v. State

OPINION

ON APPELLANT’S MOTION FOR REHEARING

ROBERTS, Judge.

The prior opinion is withdrawn.

The appellant, John W. Singleton, was tried before a jury and found guilty of the offense of driving and operating a motor vehicle upon a public highway while intoxicated and at a later date the punishment was assessed at 30 days in the county jail and a fine of $100.

The record reflects that on October 15, 1969, the jury found the appellant guilty; the appellant elected to have the court assess the punishment. The punishment was not assessed until the third day of November, 1969.1

The record further…