Zubia v. State

OPINION

BROWN, Commissioner.

This is an appeal from a conviction for driving while intoxicated. Appellant waived his right to a trial by jury and entered a plea of guilty before the court which assessed punishment at three (3) days in the El Paso County jail and a fine of fifty ($50) dollars.

In his sole ground of error appellant contends that the trial court erred in refusing appellant’s application for probation. While it is clear that the trial judge has absolute and unreviewable discretion to refuse or to grant probation, Trevino v. State, 519 S.W.2d 864 (Tex.Cr.App.1975), the essence of…