Millman v. State

OPINION

ONION, Presiding Judge.

The conviction is for the misdemeanor offense of driving and operating a motor vehicle upon a public highway while intoxicated. The punishment was assessed at five days in jail and a fine of $100.00.

The sentence contained in the record affirmatively shows that it was pronounced in absentia, the appellant not being present.

Article 42.02, Vernon’s Ann.C.C.P., provides :

“A ‘sentence’ is the order of the court in a felony or misdemeanor case made in the presence of the defendant, except in misdemeanor cases where the maximum possible punishment is by fine only, and…