MILLMAN v. STATE

No. 46269.

487 S.W.2d 750 (1972)

Dwayne Rhea MILLMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Reinstatement of Appeal December 20, 1972.


Attorney(s) appearing for the Case

Jim D. Vollers, State's Atty. and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

The conviction is for the misdemeanor offense of driving and operating a motor vehicle upon a public highway while intoxicated. The punishment was assessed at five days in jail and a fine of $100.00.

The sentence contained in the record affirmatively shows that it was pronounced in absentia, the appellant not being present.

Article 42.02, Vernon's Ann.C.C.P., provides...

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