Kirsch v. State

OPINION

ELSA ALCALA, Justice.

Appellant, Brian Thomas Kirsch, appeals from a judgment that sentences him to 45 days in jail for the misdemeanor offense of driving while intoxicated (DWI). See Tex Penal Code Ann. § 49.04(a) (Vernon 2003). Appellant pleaded not guilty to the jury, was found guilty by the jury, and sentenced by the trial court. In his third through sixth points of error, appellant asserts the evidence is legally and factually insufficient to sustain the conviction. Appellant’s first and seventh points of error challenge the trial court’s denial of the motion to suppress the…