OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
PER CURIAM.
The offense is driving while intoxicated, a misdemeanor. On stipulated evidence the trial court found appellant guilty, and then assessed punishment at a fine of $200 and confinement for 120 days, both probated for a period of two years. Sufficiency of that evidence is not challenged.
The issue we opted to review arises out of denial of a pretrial plea in bar and motion to dismiss...
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