Schultz v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by the jury of driving while intoxicated. Punishment was assessed by the court at five days in county jail.

On direct appeal, the First Court of Appeals in Houston affirmed appellant’s conviction holding, in a published opinion, Schultz v. State, 725 S.W.2d 411 (Tex.App.1987), that appellant was not entitled to an attorney under Article I, Section 10 of the Texas Constitution during the breathalyzer test. Thereafter, this Court granted appellant’s petition for discretionary review in order to review…