State v. Winskey

*943OPINION

BUTTS, Justice.

This is an appeal by the State. The trial court granted appellee’s motion to quash and dismissed the case.1 Appeal is authorized pursuant to TEX.CODE CRIM.PROC. ANN. art. 44.01(a)(1) (Vernon Supp.1989). We affirm.

The amended information provides, in pertinent part, that the appellee, on or about February 28, 1988, in Kerr County did then and there:

drive or operate a motor vehicle in a public place, to-wit: a public road or highway, while the said Defendant was then and there intoxicated, to-wit: not having the normal use of mental or physical faculties by reason of the…