Hernandez v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of driving while intoxicated and a jury assessed punishment at one year in the county jail, probated for two years, and a fine of two hundred forty dollars. This conviction was affirmed. Hernandez v. State, 810 S.W.2d 843 (Tex.App.— Amarillo 1991). We granted discretionary review to determine whether the Court of Appeals erred in holding that appellant had the burden of demonstrating he had a valid driver’s license before he was entitled to an instruction that the jury could recommend that his driver’s license not…