Schultz v. State

771 S.W.2d 549 (1989)

Kenneth SCHULTZ, Appellant,

v.

The STATE of Texas, Appellee.

No. 187-87.

Court of Criminal Appeals of Texas, En Banc.

May 10, 1989.

William W. Vance, Bryan, for appellant.

Bill Turner, Dist. Atty., Michael Hummell, Asst. Dist. Atty., Bryan, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellant was convicted by the jury of driving while intoxicated. Punishment was assessed by the court at five days in county jail.

On direct appeal, the First Court of Appeals in Houston…