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  5. 778 S.W.2d 193 (1989)
 

GRIMES v. STATE

No. 2-88-211-CR.

778 S.W.2d 193 (1989)

Thomas Vernon GRIMES, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

October 4, 1989.

Attorney(s) appearing for the Case

Alex R. Tandy, Grand Prairie, for appellant.

Amy Ayers Adams, Dist. Atty., and Donald E. Schnebly, Asst. Dist. Atty., Weatherford, for State.

Before WEAVER, C.J., and JOE SPURLOCK, II and MEYERS, JJ.

OPINION

JOE SPURLOCK, II, Justice.

Appellant, Thomas Vernon Grimes, was convicted by a jury of driving while intoxicated. See TEX.REV.CIV.STAT.ANN. art. 6701l-1 (Vernon Supp.1989). The jury assessed punishment at two years confinement in Parker County Jail and a $1,000 fine. Grimes appeals on three points of error, two of which were waived by him during oral argument. His remaining point of error asserts that it was fundamental error for the...

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