Wells v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for driving while intoxicated; punishment was assessed by the jury at 21 days in jail and a $500.00 fine.

The sufficiency of the evidence is not challenged. Appellant contends the prosecutor made an improper comment in the presence of the jury implying an extraneous offense, and thai, the state produced evidence that appellant refused a breathalyzer test.

Regarding the alleged extraneous offense, the record rfeflects:

“THE COURT: Mr. Phillips you may arraign the Defendant.

“MR. PHILLIPS [Prosecutor]: Let’s see, are these all the papers—where…