Streff v. State

Opinion

McCLOUD, Chief Justice.

The jury found appellant guilty of the felony offense of driving while intoxicated; and the court assessed punishment at confinement for three years, which was probated, and a fine of $1,000. We affirm.

In her first point of error, appellant challenges the sufficiency of the evidence because of a variance between the sequence of prior offenses as alleged in the indictment and the evidence at trial. Appellant argues that the indictment and the court’s charge required the State to prove the prior offenses as sequential.

The indictment alleged that, prior to…