Atkinson v. State

OPINION

DAY, Justice.

Michael Hughes Atkinson appeals his conviction for driving while intoxicated. Tex. Rev.Civ.Stat.Ann. art. 6701/-l(a), (b) (Vernon Supp.1994). After a jury trial, the court assessed punishment at 120 days confinement, probated for two years, and a $500 fine.

We reverse and remand for a new trial.

Atkinson brings two points of error on appeal. In point one, he complains the trial court improperly refused his request to instruct the jury it could consider the intoxilyzer test results only if it found beyond a reasonable doubt the testing officer complied with Department of…