Kraft v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Upon his plea of nolo contendere, appellant was convicted of the misdemeanor offense of driving while intoxicated. The trial court assessed punishment at 180 days in jail, probated for a period of two years, and a fine of $400.00.

Appellant contended on appeal “that the trial judge erred in failing to suppress the audio portion of his DWI videotape where [he] was interrogated without counsel.” Kraft v. State, 713 S.W.2d 168, at 170 (Tex.App. — Houston [1st] 1986). The court of appeals agreed, and reversed and remanded the cause…