Helm v. State

OPINION

ANNE GARDNER, Justice.

Rodney Dick Helm, Jr. appeals from his conviction for driving while intoxicated (“DWI”). In three points, he complains that the trial court erred by overruling his objection to a jury charge instruction, that the trial court abused its discretion by overruling his motion for new trial complaining of that jury instruction, and that the improper jury instruction harmed him. The State agrees that the trial court erred by giving the improper jury instruction but argues the error was harmless. We affirm.

Facts

While waiting at a stop sign, Officer Ismael Espinoza of the…