Eason v. State

OPINION

ROBERTS, Judge.

Appellant was convicted by a jury of the misdemeanor of driving while intoxicated. The court assessed punishment at 90 days in jail and a $500.00 fine, probated for 12 months.

The record is before us without a transcription of the court reporter’s notes or bills of exception. Although it appears that appellant is represented by retained counsel, no brief was filed in the trial court in appellant’s behalf pursuant to Art. 40.09(9), Vernon’s Ann.C.C.P., and none has been filed here. There is no claim of indigency. Nevertheless, we find in the record unassigned error which…