Gehrke v. State

OPINION

ONION, Presiding Judge.

This appeal stems from a conviction for driving a motor vehicle upon a public highway while intoxicated where the punishment was assessed by the court at 30 days’ confinement in the county jail and a fine of $100.00. However, the appellant was placed on probation for one year under the terms of Article 42.13, Vernon’s Ann.C.C. P.

In his sole ground of error appellant contends the court erred in overruling his motion to quash the information on the basis that prosecution for the instant offense constituted double jeopardy since he had been previously convicted of…