State v. Lewallen

OPINION

CAYCE, Chief Justice.

Appellee Gerald Wayne Lewallen was charged with the offense of driving while intoxicated. When the ease was called for trial on February 8,1996, Lewallen appeared with counsel, but the State failed to appear. In the State’s absence, Lewallen’s counsel made a motion for “directed verdict” on the basis that the State had failed to prove the elements of the offense with which Lewallen was charged. The trial judge granted the motion and found Lewallen not guilty. Eleven days later, the State filed its notice of appeal pursuant to article 44.01(a)(1) of the Texas Code…