Joel Navarro v. State

SUBSTITUTE MAJORITY OPINION

Tracy Christopher, Justice

We withdraw our opinion dated May 28, 2015, and we issue this substitute opinion in its place. We deny the State’s motion for rehearing.

This is an appeal from a Class A misdemeanor conviction for driving while intoxicated. At the trial court level, the State argued to the jury that a finding of intoxication under the per se theory of intoxication could be based on the alcohol content of appellant’s blood plasma rather than his whole blood. Now the State confesses error on that point.

At the trial court level, the trial judge failed to submit…