Murphy v. State

(Assigned).

Appellant Michael Francis Murphy appeals his conviction for operating a motor vehicle while intoxicated. See Tex. Penal Code Ann. § 49.04 (West Supp.2001). After the jury found appellant guilty, the trial court assessed punishment after proof of two alleged prior convictions for operating a motor vehicle while intoxicated. The penalty assessed was four years’ imprisonment. See id. § 49.09(b).

Points of Error

Appellant advances four points of error. In the first two points of error, appellant complains that the trial court, over objections, erred in defining the term “normal use” in…