Jimmy Ferrell Cummings v. State

Affirmed and Majority and Dissenting Opinions filed March 24, 2011.

In The

Fourteenth Court of Appeals

NO. 14-10-00107-CR

Jimmy Ferrell Cummings, Appellant

v.

The State of Texas, Appellee

On Appeal from the 228th District Court

Harris County, Texas

Trial Court Cause No. 1178740

MAJORITY OPINION

Appellant Jimmy Ferrell Cummings appeals his conviction for the felony offense of driving while intoxicated, claiming the trial court committed fundamental error by failing to provide sua sponte a jury instruction under article 38.23 of the Texas Code of Criminal Procedure. This statue prohibits the admission of…