Matthews v. State

OPINION

DICE, Judge.

The conviction is under Art. 802b, Vernon’s Ann.P.C., for the subsequent offense of drunk driving; the punishment, forty-two months in the Texas Department of Corrections.

Trial was before a jury upon appellant’s plea of not guilty.

The issue of appellant’s guilt was first submitted to the jury, and upon return of the verdict of guilty appellant requested that the punishment be assessed by the jury. A hearing was then held on the question of punishment, as provided by Art. 37.07, subd. 2 of the 1965 Vernon’s Ann.Code of Criminal Procedure.

Five grounds of error are urged by…