Gibson v. State

OPINION

PHILLIPS, Judge.

The offense is driving while intoxicated; the punishment, assessed by the jury, $300.00 fine and three days confinement.

Appellant’s first ground of error contends the trial court committed reversible error by denying appellant’s written request to have the court assess punishment. On June 11, 1975, appellant filed an application for misdemeanor probation and two requests, which the trial court denied, to have the court assess punishment.

Art. 37.07, Sec. 2(b), V.A.C.C.P. provides: “Except as provided in Article 37.071, if a finding of guilty is returned, it shall then be…