Newbrough v. State

OPINION

KENNETH R. CARR, Justice.

This is an appeal from a conviction for the misdemeanor offense of driving while intoxicated. Appellant pleaded guilty to the court, and the court assessed punishment at twelve months’ community supervision and a fine of $500. We reverse and remand for further proceedings.

I. SUMMARY OF THE EVIDENCE

At the hearing on Appellant’s motion to suppress the evidence, Dan Gomez testified that he was a certified peace officer employed by the Andrews County Sheriff’s Department. He had been so employed for nine and one-half years. On February 12, 2005, he was patrolling…