Medina v. State

OPINION

BUTTS, Justice.

A jury found appellant guilty of the felony offense of driving while intoxicated. TEX.REV.CIV.STAT.ANN. art. 6701Z-1(e)(1), (2) (Vernon Supp.1988). Punishment was set at 4 years’ imprisonment plus a fine of $500.00.

Appellant raises two points of error: First, that the trial court erred in denying his motion for the sum of $300.00 to compensate an expert witness pursuant to articles 26.05, § 1(d) and 26.055, § 3(a)(3) and (4).1 Second, the second enhancement allegation was void because appellant was indigent, not represented by counsel and did not execute a valid waiver…