State v. Shelton

OPINION ON APPELLEE’S MOTION TO REMAND TO THE COURT OF APPEALS AND PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

Appellee was charged by information with the offense of driving and operating a motor vehicle in a public place while intoxicated. Tex.Rev.Civ.Stat. art. 6701Z-l(b) and (f). Appellee filed a pretrial motion for a hearing on his request for discovery of an “unidentified eyewitness.” 1 After hearings on the motion, the trial judge entered an order compelling the State to disclose to defense counsel the name of the unidentified civilian witness who rode with the arresting officer.…