OPINION
DICE, Judge.
The conviction is under Art. 802b, Vernon's Ann.P.C., for the subsequent offense of drunk driving; the punishment, five years.
Trial was after January 1, 1966, under the 1965 Vernon's Ann.Code of Criminal Procedure.
The issue of appellant's guilt or innocence was first submitted to the jury under the alternate procedure provided in Art. 37.07, subd. 2 of the Code of Criminal Procedure.
Upon return of the verdict...
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