Mills v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

SAM J. DAY, Justice.

I. Introduction

A jury convicted Appellant Joe Elbert Mills of driving while intoxicated (DWI), and the trial court assessed punishment at ninety days’ confinement and a $500 fine. In two points, Appellant complains about the factual sufficiency of the evidence to support the jury’s verdict and the trial court’s decision to allow the admission of radar gun results absent any showing of admissibility of such results under rule 702 of the rules of evidence. On August 30, 2002, we issued an opinion and judgment reversing the…