Holly v. State

OPINION

ON APPELLANT’S MOTION FOR REHEARING

DAVIS, Commissioner.

Our Opinion on original submission is withdrawn and the following is substituted therefor.

Appeal is taken from a conviction for the misdemeanor offense of driving a motor vehicle while intoxicated upon a public highway. Punishment was assessed by the jury at ninety days in jail and a fine of $75.00.

The sentence contained in the record affirmatively shows that it was pronounced in absentia, the appellant not being present.

A sentence in a misdemeanor case, where the maximum possible punishment could have been confinement in jail,…