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GARCIA v. STATE

No. 1241-86.

747 S.W.2d 379 (1988)

Richard GARCIA, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 24, 1988.

Attorney(s) appearing for the Case

Gary W. Shank, Floresville, for appellant.

Howard C. Berger, County Atty., Floresville, Robert Huttash, State's Atty. and Carl E.F. Dally, Sp. Asst., State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

This is an appeal from a misdemeanor conviction for driving while intoxicated. Art. 6701-1(b), V.A.T.S. Appellant was found guilty in a jury trial, and punishment was assessed by the trial court at 12 days in jail and a fine of $500.00. The Fourth Court of Appeals, in a published opinion, "reversed and dismissed" the conviction due to the State's failure to specify in the information,...

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