OPINION
WEAVER, Chief Justice.
The State appeals from the trial court's grant of a new trial to appellee, Thomas Michael Lyons (Lyons). See TEX.CODE CRIM.PROC.ANN. art. 44.01(a)(3) (Vernon Supp.1990). Lyons was convicted by a jury of driving while intoxicated (DWI). See TEX.REV.CIV.STAT.ANN. art. 6701l-1 (Vernon Supp.1990). The jury assessed punishment at sixty days confinement in the county jail, recommending that the confinement be...
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