Garcia v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

This is an appeal from a misdemeanor conviction for driving while intoxicated. Art. 6701/-l(b), V.A.T.S. Appellant was found guilty in a jury trial, and punishment was assessed by the trial court at 12 days in jail and a fine of $500.00. The Fourth Court of Appeals, in a published opinion, “reversed and dismissed” the conviction due to the State’s failure to specify in the information, 1 the substance by which appellant became intoxicated. Garcia v. State, 720 S.W.2d 655 (Tex.App.—San Antonio 1986).

We granted the State’s…