Cody v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of the misdemeanor offense of driving while intoxicated. Punishment was assessed by the court at a fine of fifty dollars and thirty days in jail, the jail time being probated for a period of six months.

We note that the order of the court assessing the punishment and setting forth the terms of probation erroneously recites that the appellant “pleaded guilty to the information herein, waived trial by jury, and submitted this cause to the COURT .. ” The record establishes that the trial was before a jury on a plea of…