Martin v. State

THOMAS, Justice.

John Edwin Martin was convicted of driving while intoxicated, a misdemeanor. Punishment was assessed at sixty days’ confinement and a $200.00 fine, probated. In his sole point of error, appellant contends that an oral stipulation cannot be considered as evidence in support of the conviction. Because we conclude that oral consents to stipulations are not prohibited in misdemeanor cases, we affirm appellant’s conviction.

During the trial before the court, appellant orally agreed to a stipulation of facts read into the record by the State. Relying upon article 1.15 of the Code of…