Sutton v. State

REYNOLDS, Chief Justice.

After a jury found appellant Daniel Charles Sutton guilty of the misdemeanor offense of driving while intoxicated, the trial court assessed his punishment at confinement in the county jail for two years, *649probated, and a fine of $500. With a single point of error, appellant contends the court erred in including in its charge to the jury, over his objection, the “synergistic charge” which allowed the jury to convict on a theory not alleged in the information. Disagreeing, we will overrule the point and affirm.

By its information, the State alleged that appellant did, on…