Ikner v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

BAIRD, Judge.

The trial judge convicted appellant of resisting arrest and driving while intoxicated. Initially, the Court of Appeals affirmed but later, after the filing of appellant’s petition for discretionary review, on its own motion pursuant to Tex.R.App.P. 101, withdrew its earlier opinion and reversed the convictions. Ikner v. State, 848 S.W.2d 162 (Tex.App.—Houston [14th] 1992). The State now petitions for review contending the Court of Appeals erred by not addressing the State’s argument that appellant had not preserved the error for…