Kadrmas v. State

OPINION

FENDER, Chief Justice.

Appellant, Gregory Joel Kadrmas, was convicted by a jury of the offense of driving while intoxicated. TEX.REV.CIV. STAT.ANN. art. 6701L-l(b) (Vernon Supp. 1985). The jury assessed punishment at ten days confinement in the county jail and a $500 fine, and probated both the jail term and the fine. As a condition of probation, the court ordered appellant to pay the entire fine and to serve one-third of his jail term, or three and one-third days.

On appeal appellant argues that the court’s judgment in effect overruled the jury’s probation recommendation, a denial of…