Pope v. State

A jury found appellant guilty of driving while intoxicated, third offense. Tex.Rev. Civ.Stat.Ann. art. 6701/-l(e) (Supp.1991). The district court assessed punishment at imprisonment for five years and a $750 fine, probated.

Around 1:00 a.m. on February 12,1989, a sheriff’s deputy found appellant’s pickup truck stopped on Farm Road 1322 four miles outside Luling. The truck was sitting in the roadway with its engine running and its lights on. The driver’s door was open. Appellant was slumped behind the steering wheel, asleep. An open can of beer sat beside appellant. Apparently, appellant was…