OPINION
MORRISON, Judge.
The offense is driving a motor vehicle while intoxicated; the punishment, a fine of $125.00 and three days in jail.
Prior to the trial of this cause, the State moved for dismissal of the allegation of the prior conviction alleged for jurisdictional purposes contained in the indictment and moved that appellant be tried on the remaining portion of the indictment, which was a misdemeanor count for driving while intoxicated....
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