State v. Magee

OPINION

DAVIE L. WILSON, Justice.

This State’s appeal requires us to interpret Penal Code sections 12.22 and 49.04(b). See TexPenal Code Ann. §§ 12.22, 49.04(b) (Vernon 1994). Section 49.04(b) requires that a person convicted of driving while intoxicated serve “a minimum term of confinement of 72 hours.” Section 12.22 provides that a person convicted of a Class B misdemeanor “shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or .both such fine and confinement.” We must decide whether a trial court can sentence a DWI defendant to a…