Higbie v. State

DEVANY, Justice.

On the court’s own motion, our opinion dated December 10, 1986, is withdrawn and the following is now our opinion.

David Edward Higbie appeals his conviction for driving while intoxicated. He waived trial by jury and entered a plea of nolo contendere. The court found appellant guilty of driving while intoxicated and assessed punishment at 60 days in jail, probated for 24 months, together with a fine of $350. In his sole point of error, he contends that the trial court erred when it denied his motion to suppress the evidence, since the evidence was obtained by an unlawful…