Booher v. State

OPINION

DOYLE, Justice.

Appellant was charged by information with the offense of driving while intoxicated. He entered a plea of not guilty and filed a timely motion for probation. The jury found appellant guilty and 'assessed *883his punishment at 180 days confinement and a fine of $500. On appeal, appellant raises five grounds of error in which he challenges the jury charge and alleges ineffective assistance of counsel.

In the first ground of error, appellant contends that the charge to the jury during the guilt/innocence phase was fundamentally defective because it failed to give the limiting…