Gifford v. State

OPINION

BAKER, Justice.

A jury convicted appellant of driving while intoxicated, assessed punishment at one year’s confinement in the county jail, probated that sentence, and levied a $750 fine. In his second point of error, appellant contends that the trial court erred by failing to charge the jury that it could not consider appellant’s intoxilyzer test results unless it found beyond a reasonable doubt that appellant was continuously observed for fifteen minutes immediately prior to the administration of the test. Because we find a fact issue on whether appellant was continuously observed for…