Hollie v. State

OPINION ON MOTION FOR REHEARING

NUCHIA, Justice.

Appellant has filed a motion for rehearing. We withdraw our opinion dated December 4, 1997, and substitute this opinion in its place.

A jury found appellant, Lealon Keith Hollie, guilty of the misdemeanor offense of driving while intoxicated (DWI). The trial court assessed punishment at six months confinement, probated for two years, and a fine of $1,000.00. We modify the judgment to correct a sentencing error and affirm the judgment as modified.

Facts

Appellant was charged by information with the misdemeanor offense of DWI. 1 Before trial,…