NEAVES v. STATE

No. 04-85-00458-CR.

725 S.W.2d 785 (1987)

Joe David NEAVES, III, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied March 2, 1987.


Attorney(s) appearing for the Case

Mark Stevens, Robert Valdez, Leo Dougherty, San Antonio, for appellant.

Fred G. Rodriguez, Crim. Dist. Atty., Sam Millsap, Jr., Former Crim. Dist. Atty., Kirk Sherman, Charles Estee, San Antonio, for appellee.

Before CADENA, C.J., and BUTTS and DIAL, JJ.


OPINION

DIAL, Justice.

This is an appeal from a conviction for driving while intoxicated. Defendant was found guilty in a jury trial. The jury assessed punishment at 45 days incarceration and a fine of $500.00. We affirm.

The defendant's first point of error complains of the trial court overruling an objection to the State's argument which defendant now contends was a comment on his failure to testify.

The defendant did not himself testify...

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