Blank v. State

OPINION ON REHEARING

Opinion by SANDEE BRYAN MARION, Justice.

In an opinion and judgment dated April 6, 2005, we reversed the trial court’s judgment and rendered an acquittal in favor of defendant, Aaron Blank. The State filed a motion for rehearing and a motion for rehearing en banc. We grant the motion for rehearing, withdraw our opinion and judgment of April 6, 2005, and issue this opinion and judgment in its place.

In a two-paragraph complaint and information, the State charged defendant with driving while intoxicated and alleged defendant had previously been convicted of driving while…