Smith v. State

OPINION

KERRY P. FITZGERALD, Justice.

A jury found William Alan Smith guilty of driving while intoxicated (DWI), and the trial court sentenced him to 599 days confinement and a fine of $650. This is appellant’s second appeal. We vacate the trial court’s judgment nunc pro tunc and remand this case to the trial court for further proceedings.

BACKGROUND

On October 11, 1995, the jury found appellant guilty of DWI, and the trial court sentenced appellant. Judgment was entered the same date, which ordered, in part, the confinement to commence “instanter.”

On October 18, 1995, appellant filed a motion in…