Smithhart v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for operating a motor vehicle upon a public highway while under the influence of drugs to a degree which renders the driver incapable of safely operating and driving such vehicle. After the jury returned a verdict of guilty, punishment was assessed by the court at thirty (30) days confinement in jail and a fine of one hundred dollars; however, no judgment was rendered thereon and appellant was placed on probation for a period of six (6) months under the provisions of Article 42.13, Vernon’s Ann.C.C.P.

Appellant contends that the…