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CODY v. STATE

No. 52061.

548 S.W.2d 401 (1977)

Harlan Cleere CODY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 23, 1977.

Attorney(s) appearing for the Case

R. William Wood, Denton, for appellant.

John Lawhon, County Atty. and Mervin B. Waage, Asst. County Atty., Denton, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of the misdemeanor offense of driving while intoxicated. Punishment was assessed by the court at a fine of fifty dollars and thirty days in jail, the jail time being probated for a period of six months.

We note that the order of the court assessing the punishment and setting forth the terms of probation erroneously recites that the appellant "pleaded guilty to the information...

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