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GOSWICK v. STATE

No. 65999.

656 S.W.2d 68 (1983)

Roy Lloyd GOSWICK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied September 21, 1983.

Attorney(s) appearing for the Case

R. Leonadis McKinney, III, Colorado City, for appellant.

Frank Ginzel, Dist. Atty. and Russell L. Carroll, Asst. Dist. Atty., Colorado City, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION

ODOM, Judge.

This is an appeal from a conviction of driving while intoxicated, subsequent offense. Punishment was assessed by the jury at 3 years.

Appellant asserts in grounds of error four through nine that the trial court committed fundamental error in its charge to the jury on the presumption of intoxication in violation of the mandatory provisions of V.T. C.A., Penal Code Sec. 2.05.

The applicable law regarding the submission...

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