State v. Fisher

OPINION

DAVID PURYEAR, Justice.

The State appeals an order by the county court at law purporting to acquit appel-lee Ginger Dee Anna Fisher of driving while intoxicated and dismissing the cause with prejudice. In its brief, the State frames the issue as follows:

Whether the trial court, when it had no authority to be the fact finder since the State would not consent to waiving a jury trial, abused its discretion and erred by insisting that it would be the fact finder in the case, forcing the State to a trial before the court, as well as, making a finding of not guilty after the State refused to…