David Bartholomew Roush v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00605-CR

David Bartholomew Roush, Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW OF BURNET COUNTY

NO. M-21925, HONORABLE W. R. SAVAGE, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury convicted David Bartholomew Roush of the offense of driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West 2003). Punishment was assessed at 60 days' confinement and a $2,000 fine, but the trial court suspended imposition of the sentence and placed Roush on community supervision for 12 months. In two issues on appeal,…