MAXEY v. STATE

No. 13-81-013-CR.

626 S.W.2d 180 (1981)

Johnny Fay MAXEY, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied January 7, 1982.

Discretionary Review Refused March 31, 1982.


Attorney(s) appearing for the Case

W. W. Kilgore, Kilgore, Cole & McManus, Victoria, for appellant.

Knute L. Dietze, Dist. Atty., Victoria, for appellee.

Before NYE, C. J., and UTTER and KENNEDY, JJ.


OPINION

NYE, Chief Justice.

This is an appeal from a conviction for driving while intoxicated subsequent offense. Punishment was assessed at two years in jail with a $500 fine. The trial court suspended the sentence and placed appellant on probation for a period of two years.

An essential element of the State's case was appellant's previous conviction for misdemeanor driving while intoxicated. This conviction was based on a plea of guilty.

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