Erik Forrest Friend v. State

OPINION

Laura Carter Higley, Justice

Appellant, Erik Forrest Friend, was found guilty by a jury of the misdemeanor offense of driving while intoxicated. 1 The jury assessed Appellant’s punishment at thirty days in jail and a $750 fíne. Based on the jury’s recommendation, the trial court suspended Appellant’s jail sentence and placed Appellant on community supervision for fifteen months. ■

The dispositive issue that we address is whether the trial court abused its discretion by admitting evidence of Appellant’s post-arrest invocation of his Fifth Amendment right against self-incrimination.…