McDonald v. State

OPINION

DUNN, Justice.

Appellant, Terry Lynn McDonald, appeals from his conviction for driving while intoxicated (DWI) as proscribed by Tex.Rev.Civ. StatAnn. article 67012 — 1(b) (Vernon Supp. 1993).

The information charged appellant with DWI and included an enhancement paragraph alleging that at the time of the offense appellant had an open container of alcoholic beverage in his immediate possession in the passenger compartment of his vehicle. After a jury trial, appellant was convicted of DWI. At the punishment phase of the trial, the trial judge found the enhancement allegation true and…