State v. Yount

*7OPINION ON STATE’S MOTION FOE EEHEARING AFTER PETITION FOR DISCRETIONARY REVIEW REFUSED

CAMPBELL, Judge.

Appellee, Ronald Wayne Yount, was indicted for three separate offenses of involuntary manslaughter. See Tex.Penal Code § 19.05. Upon appellee’s request, the trial judge charged the jury upon not only involuntary manslaughter (a felony) but also the lesser included offense of driving while intoxicated (a misdemeanor). See Tex.Rev. Civ.Stat. art. 6701l-1(b) to (c). A jury found appellee guilty of the misdemeanor offense, and the trial court assessed punishment at two years imprisonment,…