James Cunningham v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-99-00153-CR

James Cunningham, Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF WILLIAMSON COUNTY

NO. 98-0197-2, HONORABLE ROBERT F. B. MORSE, JUDGE PRESIDING

Appellant James Cunningham was convicted by a jury of driving while intoxicated (DWI). See Tex. Penal Code Ann. § 49.04 (West Supp. 2000). He was sentenced to 180 days' confinement in county jail and fined $2000. Cunningham appeals the conviction and requests a new trial in three points of error, asserting that the trial court: (1) abused its discretion by…