Gilliland v. State

MORRISON, Judge.

The offense is driving while intoxicated; the punishment, a fine of $50.

This is a prosecution under Article 802, Vernon’s Ann.E.C., for the violation of which a jail term is mandatory.

'• The punishrfient assessed being less than the minimum provided by law, the judgment will be reversed on appeal. Malone v. State, Tex.Cr.App., 328 S.W.2d 310; Henderson v. State, Tex.Cr.App., 318 S.W.2d 898, and cases there cited.

The judgment is reversed and the cause remanded. '