Bahlo v. State

OPINION

WARREN, Justice.

After a jury trial, appellant was convicted of driving while intoxicated. The court assessed punishment at confinement for one year, probated for two years, and a $350 fine.

In his sole ground of error, appellant contends that the trial court erred in denying his motion for a new trial. His motion alleged jury misconduct depriving appellant of a fair and impartial trial, Tex.Code Crim. P.Ann. art. 40.03(8) (Vernon 1979), and that the jury received other evidence after retiring to deliberate, Tex.Code Crim.P.Ann. art. 40.03(7) (Vernon 1979). The State contends that any…