Harrison v. State

OPINION ON STATE’S MOTION FOR REHEARING

KELTNER, Judge.

This court issued its original opinion on rehearing on August 4, 1988. Thereafter, we withdrew our opinion and judgment on our own motion and submitted the case to the court en banc. We now grant the State’s motion for rehearing, we withdraw all previous opinions and judgments and substitute this opinion and judgment therefor.

George Clayborne Harrison was convicted by a jury of the offense of driving while intoxicated. See TEX.REV.CIV.STAT. ANN. art. 6701i-l(b) (Vernon Supp.1989). The trial court assessed his punishment at a $1,000 fine…