Johnson v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for a misdemeanor offense of driving a motor vehicle upon a public road while intoxicated. After a verdict of guilty, the jury assessed the punishment at six months in jail and a $300 fine and recommended that both be probated. The jail term was probated by the court but the appellant was ordered to pay the fine.

The sufficiency of the evidence is not challenged.

The appellant complains, among other things, that the jury recommended probation of the fine, and the court accepted the verdict but ordered the fine paid contrary to the…