Martinez v. State

VANCE, Justice.

Narciso Montez Martinez appeals from a jury trial conviction for driving while intoxicated. The jury assessed punishment at ninety days’ confinement in the Dallas County Jail and a $500.00 fine. In two grounds of error, Martinez contends that: (1) he was denied a fair and impartial trial due to the trial court’s failure to instruct the jury that it could probate jail time and still assess a fine and (2) his motion to quash should have been granted with regard to what kind of alcohol concentrate the State intended to show. Because we agree with Martinez’s first contention, we…