Dahlkoetter v. State

COUNTISS, Judge.

After first receiving a deferred adjudication of guilt under article 42.13 § 3d(a), Tex.Code Cr.P.Ann. (Vernon Supp.1981), appellant was adjudged guilty of the misdemeanor offense of driving while under the influence of intoxicating liquor. Tex.Rev. Civ.Stat.Ann. art. 6701/-1 (Vernon Supp. 1980). Punishment was assessed at 45 days in the county jail and a fine of $150 and appellant was sentenced accordingly. The single question presented by this appeal is whether it was error for the adjudication of guilt, punishment and sentence to be determined by a judge who did not…