Knox v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted by a jury of the offense of driving while intoxicated and the court assessed punishment at ninety days in jail, probated for 24 months, and a fine of $300.00. Tex.Rev.Civ.Stat.Ann. Art. 67011 — 1(b) (Vernon Supp.1985). In a published opinion, the Court of Appeals reversed appellant’s conviction, finding error in the admission of the audio portion of a video tape made at the county jail after appellant had invoked his right to counsel. Knox v. State, 722 S.W.2d 793 (Tex.App.—Amarillo 1987).

We granted…