Truett v. State

OPINION

LEE, Justice.

Appellant was charged by information with driving while intoxicated. The information also alleged that at the time of the commission of. the offense, appellant had an open container of an alcoholic beverage in his im*143mediate possession. A jury rejected appellant’s plea of not guilty and found him guilty as charged. After the trial court found the open container paragraph to be true, punishment was assessed at one year confinement probated for two years and a $700 fine. One of the conditions of probation was that appellant spend 30 days in the Harris County Jail. In a single…