O'CONNELL v. State

LEE YEAKEL, Justice.

A jury found appellant Sean P. O’Con-nell guilty of driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West Supp.2000). The county court at law assessed punishment at incarceration for 180 days and a $2000 fine, but suspended imposition of sentence and placed appellant on community supervision. Because the trial court improperly commented on the weight of the evidence in its jury charge, we will reverse the judgment of conviction.

Factual Background

Officer Steve Shanks of the Williamson County Sheriff’s Department stopped appellant’s automobile at about 2:45 a.m.…