Railsback v. State

OPINION

SHERRY RADACK, Justice.

Appellant, Charles Denver Railsback, was charged in a two-paragraph information with driving while intoxicated (DWI) by not having the normal use of his mental and physical faculties and by having an alcohol concentration of at least .08 in his breath. A jury found appellant guilty of DWI, and the trial court assessed punishment at 180 days in jail, probated for one year, and a $1,000 fine. See Tex. Pen.Gode Ann. § 49.04 (Vernon Supp.2002). Appellant brings ten points of error, challenging (1) the exclusion of portions of appellant’s expert witness’s testimony on…