Azeez v. State

OPINION

in which KELLER, P.J., and WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.

Although the charging instrument in this case alleged a misdemeanor offense in the express terms of Section 38.10 of the Texas Penal Code, 1 the Fourteenth Court of Appeals declared that the appellant was actually prosecuted and convicted under Section 543.009 of the Texas Transportation Code. 2 However, the jury assessed a punishment that, while it was comfortably within the maximum fine permitted under the Penal Code provision, far exceeded the permissible maximum fine under the…