SCHERLIE v. STATE

No. 01-84-0529-CR.

689 S.W.2d 294 (1985)

Allen Paul SCHERLIE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston First District.

April 4, 1985.


Attorney(s) appearing for the Case

W. Scott Carpenter, Houston, for appellant.

John B. Holmes, Jr., Harris County Dist. Atty., Houston, William J. Delmore, III, Harris County Asst. Dist. Atty., Pam Sklar Derbyshire, Harris County Asst. Dist. Atty., for appellee.

Before EVANS, C.J., and DUNN and COHEN, JJ.


OPINION

COHEN, Justice.

The appellant was convicted by a jury of driving while intoxicated and the court assessed punishment of 120 days in jail, probated for two years, and a $350.00 fine.

The first ground of error asserts that the court erred in instructing the jury that intoxication is defined as having an alcohol concentration of 0.10% or more because such an instruction constituted an irrebuttable presumption of intoxication and was, therefore...

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