Hardie v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was convicted by a jury of driving while intoxicated. Tex.Rev.Civ. Stat.Ann. art. 6701/-1. The trial court assessed punishment at 180 days confinement in the county jail, probated for two years, and a $150.00 fine. The court of appeals reversed the conviction, holding that the trial court erred in admitting the audio portion of the videotape wherein appellant invoked his right to counsel. Hardie v. State, 787 S.W.2d 89 (Tex.App.—Dallas 1990). We granted review to determine the correctness of this holding in light of…