Herrera v. State

OPINION

JACKSON B. SMITH, Jr., Justice (Retired).

A jury found appellant, Naphtlit Joel Herrerra, guilty of driving while intoxicated, second offense. The trial court assessed punishment at 180 days in jail, probated for two years and a fine of $2,000, with $500 probated.

Appellant contends the trial court erred in overruling his objections to (1) the prosecutor’s closing argument, which misstated tile law regarding the proof required, as set forth in the jury charge and (2) the State’s introduction of irrelevant prejudicial evidence. We affirm.

Court’s Charge and Closing Argument

In his first…