Penley v. State

OPINION

Opinion by

Justice GRANT.

Paul Christopher Penley was charged by indictment for the offense of intoxication manslaughter. The first trial ended in a hung jury. In the second trial, the jury found Penley guilty and assessed punishment at fourteen years’ confinement in the Texas Department of Criminal Justice, Institutional Division, and a $10,000 fine. Penley appeals his conviction.

In six points of error, Penley contends (1) the trial court erred in admitting into evidence State’s exhibits 23 and 23A which contained blood drawn from Penley on the day of the accident; (2) the trial court…