Will v. State

OPINION

STEPHENS, Justice (Retired).

A jury convicted appellant of driving while intoxicated (DWI), enhanced to a felony with two prior misdemeanor driving while intoxicated convictions. The jury assessed punishment at six months confinement and a $1,000 fine.

In his first point of error, appellant contends the trial court erred in instructing the jury that the presumption of innocence is left to the jury.

The following exchange took place after the State’s evidence and during defense counsel’s opening statement:

[Defense counsel]: ... You are not to have an opinion at this point as to whether…