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REINSMITH v. STATE

No. C14-85-255-CR.

703 S.W.2d 315 (1985)

Harold Lee REINSMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

December 12, 1985.

Attorney(s) appearing for the Case

Terry Collins, Lynn Bradshaw-Hull, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr., Joseph Salhab, Asst. Dist. Attys., Houston, for appellee.

Before JUNELL, ROBERTSON and CANNON, JJ.

OPINION

JUNELL, Justice.

Harold Lee Reinsmith appeals a conviction for driving while intoxicated. After the jury returned a guilty verdict, the trial court assessed punishment at 120 days confinement, probated, and a $300 fine.

In his first ground of error, appellant claims the trial court erred in defining "intoxication" as having .10 percent or more alcohol concentration because such charge creates an unconstitutional irrebuttable presumption....

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