Russell v. State

ON MOTION for rehearing

MORRISON, Judge.

Our prior opinion in this cause is withdrawn.

The offense is driving while intoxicated, as a second offender; the punishment, 5 days in jail and a fine of $300.00.

Appellant entered a plea of guilty, waived the right of trial by jury, and was tried before the court.

The punishment prescribed by Article 802, V.A.P.C., for the second offense of driving while intoxicated is “by a fine of not less than One Hundred ($100.00) Dollars nor more than Five Thousand ($5,000.00) Dollars, or confinement in the county jail not less than ten (10) days nor more than two…