Rodriguez v. State

848 S.W.2d 141, 1993 Tex. Crim. App. LEXIS 46, 1993 WL 44420

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

A jury found appellant guilty of driving while intoxicated, and assessed punishment at 180 days in jail, probated for two years, and a fine of $500. The Court of Appeals reversed appellant’s conviction, finding that the trial court had erred in the procedure he used for polling the jury. Rodriguez v. State, 830 S.W.2d 282 (Tex.App.—San Antonio 1992).

This Court granted the State’s petition for discretionary review to decide whether the Court of Appeals properly interpreted articles 37.01, 37.05 and 37.10 of the Code of Criminal Procedure as they apply to the receipt of jury verdicts. After careful review of the petition and the opinion of the Court of Appeals, we have determined that the state’s petition for discretionary review was improvidently granted. Accordingly, it is dismissed.