Cleaveland v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated; the punishment ten days in jail and a fine of $500.00.

In view of our disposition of this cause, a recitation of the appellant’s many grounds of error will not be necessary other than to observe that the question of punishment fell into the hands of the trial court. At the punishment hearing, after several character witnesses had appeared for the appellant and prior to the assessment of punishment by the court, the court inquired three times of counsel as to whether or not he intended to appeal. We quote from the trial court at…