Goswick v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction of driving while intoxicated, subsequent offense. Punishment was assessed by the jury at 3 years.

Appellant asserts in grounds of error four through nine that the trial court committed fundamental error in its charge to the jury on the presumption of intoxication in violation of the mandatory provisions of V.T. C.A., Penal Code Sec. 2.05.

The applicable law regarding the submission of a legal presumption found in V.T. C.A., Penal Code Sec. 2.05 provides:

“When this code or another penal law establishes a presumption with respect to any fact,…