State v. Ginger Dee Anna Fisher

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00707-CR

The State of Texas, Appellant

v.

Ginger Dee Anna Fisher, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF HAYS COUNTY

NO. 74364, HONORABLE HOWARD WARNER, JUDGE PRESIDING

O P I N I O N

The State appeals an order by the county court at law purporting to acquit appellee Ginger Dee Anna Fisher of driving while intoxicated and dismissing the cause with prejudice. In its brief, the State frames the issue as follows:

Whether the trial court, when it had no authority to be the fact finder since the State would not consent to waiving a jury…