Luna v. State

OPINION

BISSETT, Justice.

This is an appeal from a conviction for the misdemeanor offense of driving a motor vehicle upon a public highway while intoxicated. Trial was before a jury. The jury found appellant guilty and assessed punishment at 90 days confinement in the County Jail and a fine of $200.00. The jury further recommended probation of the confinement portion of the sentence. It did not make any recommendation as to the probation of the fine.

On January 11, 1983, the trial court rendered judgment wherein appellant was ordered confined to the Nueces County Jail for 90 days and to pay a…