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SCHERLIE v. STATE

No. 511-85.

715 S.W.2d 653 (1986)

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

Court of Criminal Appeals of Texas, En Banc.

June 18, 1986.

Attorney(s) appearing for the Case

W. Scott Carpenter, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and William J. Delmore, III and Pam Sklar Derbyshire, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

ONION, Presiding Judge.

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

The information charged the offense of driving while intoxicated under Article 6701l(a)(2)(A) and (B), V.A.C.S., in two separate paragraphs. The State abandoned the first paragraph and prosecuted under...

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