Singleton v. State

OPINION

MORRISON, Judge.

Our prior opinion dismissing this appeal is reported as Singleton v. State, Tex.Cr.App., 468 S.W.2d 405. The record has now been perfected. The appeal now will be considered on its merits.

The offense is driving while intoxicated; the punishment is thirty (30) days in jail and a fine of $100.00.

Appellant’s first ground of error, raised for the first time in his Second Amended Motion for New Trial, is that he was deprived of having a jury at the hearing on punishment since he had applied for probation. Practically the same contention was made in Martin v. State, 452…