Gerron v. State

OPINION

VANCE, Justice.

A jury found Jeffrey Dean Gerron guilty of misdemeanor driving while intoxicated (“DWI”) and assessed his punishment at ninety days in jail and a $1,000 fine. The court placed Gerron on two years’ probation. There were fact issues at trial about the events that led to the officer’s stop and arrest of Gerron outside the officer’s geographical jurisdiction and whether the officer therefore made an illegal stop. Because of these fact issues, Gerron was entitled to a jury charge instruction under article 38.23(a), which reads:

No evidence obtained by an officer or other…