State v. Sanchez

OPINION

COHEN, Justice.

Appellee was charged with felony1 driving while intoxicated2 (DWI), allegedly committed on August 11, 1995. The trial judge granted appellee’s motion to quash the indictment because it did not allege a culpable mental state. Pursuant to Tex.Code Crim. Proo. Ann. art. 44.01(a)(1) (Vernon Supp. *3721996), the State appeals. We reverse and remand.

The State contends that the requirement of a culpable mental state does not apply to the offense of DWI. We agree.

In Chunn v. State, 923 S.W.2d 728 (Tex.App.—Houston [1st Dist.], 1996, pet. filed), the judge refused to quash a DWI…