State v. Rogers

OPINION

BAKER, Justice.

Appellee pleaded guilty to DWI and true to an open container enhancement. The trial court sentenced him to sixty days’ confinement, but suspended the sentence on condition of twenty-four months’ probation and six days’ actual confinement. The State appeals, contending that the sentence is illegal. The State argues that under the applicable probation statutes the minimum period of confinement for a probated sentence for DWI with an open container enhancement is thirty days’ confinement. We disagree and affirm the trial court’s judgment.

Appellee was convicted under Texas…