Coleman v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Presiding Judge.

This appeal stems from a conviction of the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated. See Article 6701/-1, V.A.C.S. Punishment was assessed by the court at confinement in the county jail for seventy (70) days and at a fine of $50.00.

On original submission a panel opinion affirmed the conviction. See Coleman v. State, 632 S.W.2d 616 (Tex.Cr.App.1982). No motion for leave to file a motion for rehearing was timely filed and the mandate of this court issued. Subsequently a motion to…