Jenkins v. State

OPINION

DALLY, Judge.

Our prior opinion is withdrawn.

This is an appeal from a conviction for the misdemeanor offense of driving a motor vehicle on a public highway while intoxicated, Art. 6701/ -1, V.A.C.S.; the punishment is a fine of $445.

The appeal is submitted on the record without briefs. Having reviewed the record in the interest of justice, Art. 40.09, Sec. 13, V.A.C.C.P., we find that in light of the punishment assessed by the trial court, the judgment must be reversed and the cause remanded for reassessment of punishment.

Art. 6701/-1, V.A.C.S., in pertinent part provides:

“Any person…