Espericueta v. State

OPINION

GILBERTO HINOJOSA, Justice.

A jury convicted appellant, Valentin Es-pericueta, of Driving While Intoxicated. See Tex. Rev. Civ. Stat. Ann. art. 67011-l(b) (Vernon 1991). Punishment was assessed by the trial court at five years in the penitentiary, probated, and a $300.00 fine. By nine points of error, appellant complains that certain evidence should have been suppressed, the trial court should have submitted a jury instruction on the legality of the stop, the evidence is insufficient to sustain the conviction, and of other alleged errors. We reverse and remand for a new trial.

The…