Gelo v. State

OPINION

RICHARD BARAJAS, Chief Justice.

This is an appeal from a jury conviction for the misdemeanor offense of driving while intoxicated. The court assessed punishment at seventy-two (72) hours’ confinement. We affirm the judgment of the trial court.

I. PROCEDURAL HISTORY

On February 7, 1997, Appellant entered a plea of not guilty to the offense of DWI and his case was tried before a jury. The jury returned a verdict of guilty and assessed punishment at a fine of $1,250 and no confinement. The State appealed asserting the illegality of the sentence and, on October 16, 1997, this Court reversed…