Atkinson v. State

OPINION ON REMAND

DAY, Justice.

A jury convicted Michael Hughes Atkinson, appellant, for driving while intoxicated, and the court assessed punishment at 120 days’ confinement, probated for two years, and a $500 fine. This court previously reversed and remanded this case, holding that the trial court erred by refusing to give a jury instruction to disregard intoxilyzer test results if the jury did not find the test was properly administered, and that the error was not harmless beyond a reasonable doubt under Texas Rule of Appellate Procedure 81(b)(2). Atkinson v. State, 871 S.W.2d 252, 257…