Hogue v. State

SUMMERS, Chief Justice.

Appellant Romie Lewis Hogue was convicted by a jury of felony driving while intoxicated. The jury assessed punishment at five years’ confinement and a $2,000 fine. We affirm.

At approximately 6:00 p.m. on May 25, 1985, Hogue was driving his truck east on F.M. 35 in Rains County. After observing Hogue’s truck erratically swerving from one side of the road to the other, Deputy Sheriff Frank Pearson stopped Hogue. When Hogue got out of the truck, Pearson noticed that Hogue smelled of alcohol, that Hogue’s speech was slurred, and that Ho-gue staggered when he walked. Pearson…