Rouse v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for driving upon a public road while intoxicated. Art. 67017-1, V.A.C.S. Punishment was assessed at 30 days and a $200 fine, and appellant was granted probation.

In his sole ground of error before this Court, appellant contends the evidence is insufficient to prove the place he was seen driving was a public road. The record shows appellant was stopped and arrested while driving in a McDonald’s parking lot. Twice before this Court has considered the sufficiency of the evidence to prove that a parking lot was a public road within the terms…