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STATE v. ROGERS

No. 05-89-00088-CR.

782 S.W.2d 303 (1989)

The STATE of Texas, Appellant, v. Billy Joe ROGERS, Appellee.

Court of Appeals of Texas, Dallas.

December 8, 1989.

Attorney(s) appearing for the Case

Toby C. Wilkinson, Hunt County Atty., Greenville, for appellant.

Peter S. Chamberlain, Commerce, for appellee.

Before HOWELL, BAKER and BURNETT, JJ.

OPINION

BAKER, Justice.

Appellee pleaded guilty to DWI and true to an open container enhancement. The trial court sentenced him to sixty days' confinement, but suspended the sentence on condition of twenty-four months' probation and six days' actual confinement. The State appeals, contending that the sentence is illegal. The State argues that under the applicable probation statutes the minimum period of confinement for a probated sentence for DWI with an...

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