Garner v. State

OPINION

LATTIMORE, Justice.

Appellant, Kyle Dwayne Garner, appeals from a jury conviction of driving while intoxicated. See TEX.REV.CIV.STAT. ANN. art. 6701Z-l(b) (Vernon Supp.1989). The court assessed punishment at ten days confinement in Denton County Jail, a fine of $300, and court costs. Garner presents four points of error.

We reverse and remand.

Sergeant Johnny Wilcox of the Navarro County Sheriff’s Department was traveling on Interstate Highway 35 in Denton County, Texas, in a marked patrol car when he observed Garner’s vehicle weaving, crossing the center stripe, and leaving the roadway…