Garner v. State

Court of Criminal Appeals of Texas

Garner v. State

785 S.W.2d 158, 1990 Tex. Crim. App. LEXIS 31, 1990 WL 20367

CourtCourt of Criminal Appeals of Texas

DecidedMarch 7, 1990

DocketNo. 004-90

StatusPublished

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Bluebook

Garner v. State, 785 S.W.2d 158, 1990 Tex. Crim. App. LEXIS 31, 1990 WL 20367 (Tex. 1990).

Pincite

Opinion

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted by a jury of driving while intoxicated. The trial court assessed punishment at ten days in jail and a fine of $300. Appellant’s conviction was reversed. Garner v. State, 779 S.W.2d 498 (Tex.App. — Ft. Worth, 1989).

The State raises two grounds for review. We agree with the Court of Appeals that reversal is required. However, as is true in every case where discretionary review is refused, this refusal does not constitute endorsement or adoption of the reasoning or language employed by the Court of Appeals. Sheffield v. State, 650 S.W.2d 813 (Tex.Cr.App.1983).

With this understanding, we refuse the State’s petition for discretionary review.

WHITE, J., not participating.

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