Mendez v. State
This text of 379 S.W.2d 333 (Mendez v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The offense is driving a motor vehicle upon a public highway while intoxicated, the minimum punishment for which is 3 days in jail and a fine of $50. (Art. 802 Vernon’s Ann.P.C.)
The judgment appealed from was rendered upon the verdict of a jury assessing a fine of $50, but no jail term.
*334 The punishment assessed being less than the minimum provided by law, reversal of the conviction is required. Compian v. State, Tex.Cr.App., 363 S.W.2d 468, and cases there cited.
The judgment is reversed and the cause is remanded.
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Cite This Page — Counsel Stack
379 S.W.2d 333, 1964 Tex. Crim. App. LEXIS 992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendez-v-state-texcrimapp-1964.