Sullivan v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted by a jury of driving while intoxicated, and the trial court assessed punishment at one hundred eighty days in jail and a fine of $1,000, all of which was probated. The Court of Appeals affirmed the conviction. Sullivan v. State, 807 S.W.2d 342 (Tex.App. — Houston [14th] 1991). In grounds for review numbers three, four, and five appellant contends the Court of Appeals erred in upholding the trial court’s refusal to quash the information alleging this offense.

*345The Court of Appeals, in a split opinion, overruled…