John L. Newman v. State

SUBSTITUTE OPINION

CHARLES SEYMORE, Justice.

Appellant John L. Newman’s motion for rehearing is granted. We withdraw our Memorandum Opinion issued on April 23, 2009, and issue this Substitute Opinion.

Pursuant to a plea bargain, appellant pleaded no contest to the felony offense of intoxication assault. The trial court found him guilty and, consistent with the plea bargain, assessed punishment of two years’ confinement. The trial court also certified that appellant has the right to pursue this appeal.

In two issues, appellant contends the trial court abused its discretion by failing to dismiss…