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POPE v. STATE

No. 3-90-044-CR.

802 S.W.2d 418 (1991)

Byron Wheeler POPE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

January 16, 1991.

Attorney(s) appearing for the Case

Ray Bass, Austin, for appellant.

Jeffrey Van Horn, Criminal Dist. Atty., Lockhart, for appellee.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

PER CURIAM.

A jury found appellant guilty of driving while intoxicated, third offense. Tex.Rev. Civ.Stat.Ann. art. 6701Z-l(e) (Supp.1991). The district court assessed punishment at imprisonment for five years and a $750 fine, probated.

Around 1:00 a.m. on February 12, 1989, a sheriff's deputy found appellant's pickup truck stopped on Farm Road 1322 four miles outside Luling. The truck was sitting in the roadway with its engine running and its lights on. The...

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