Rodriguez v. State

OPINION

in which MEYERS, HOLLAND, WOMACK, JOHNSON and KEASLER, J.J., joined.

After entering a plea of not guilty to the felony offense of driving while intoxicated, appellant was found guilty by a jury and was sentenced to eight years confinement in the Texas Department of Criminal Justice by the trial court. The First Court of Appeals affirmed the trial court in an unpublished opinion. Rodriguez v. State, No. 01-97-01342-CR, 1998 WL 959813 (Tex.App.—Houston [1 st Dist.] Dec. 23, 1998)(not designated for publication). We will reverse.

Facts

While on routine patrol, two police officers noticed…