Ray v. State

OPINION

REEVES, Justice.

The State has filed a petition requesting that the Court of Criminal Appeals review our decision in Ray v. State (Tex.App. — San Antonio Feb. 17, 1988). The State correctly declares that we have failed to apply the test established by the Court of Criminal Appeals in Adams v. State, 707 S.W.2d 900 (Tex.Crim.App.1986) to our analysis of the appellant’s second point of error. Our prior opinion is herewith modified. TEX.R.APP.P. 101.

We affirm.

The appellant was convicted of driving while intoxicated by a jury and sentenced to thirty days in jail and a $250.00 fine, both of…