Bell v. State

GAMMAGE, Justice.

Ernest A. Bell, III, was convicted on a plea of guilty to the offense of public intoxication. Tex.Pen.Code Ann. § 42.08 (Supp. 1987). Punishment was assessed at a fine of $218.00. We will reverse the conviction.

The public intoxication charge was originally filed against Bell in the municipal court of the City of LaGrange, where Bell pleaded guilty and paid a fine of $218.00. An appeal was filed in the county court, and a trial de novo was held on May 13, 1986, at which time Bell entered a plea of not guilty before the court. After hearing, the court took the case under…