Wilson v. State

OPINION

HOWELL, Justice.

Barbara Wilson appeals her conviction based on a guilty plea to the charge of driving while intoxicated. The court assessed punishment at ninety days’ confinement, probated for two years, and payment of a $400 fine. We hold that appellant was not prosecuted upon a valid information; we therefore reverse and dismiss.

Appellant was arrested and charged with misdemeanor driving while intoxicated during the month of December 1986. According to the State’s theory as to the manner in which this case was prosecuted, on December 29, 1986, a criminal information was presented to…