KOEHLER v. STATE

No. 04-91-00107-CR.

830 S.W.2d 665 (1992)

Otto Andrew KOEHLER, III, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied May 14, 1992.


Attorney(s) appearing for the Case

Thomas Rocha, Jr., Stephen A. Nicholas, Nicholas and Barrera, Inc., San Antonio, for appellant.

Steven C. Hilbig, Crim. Dist. Atty., Russell Noe, Gerry Matheny, Angela Moore, Asst. Crim. Dist. Attys., San Antonio, for appellee.

Before PEEPLES, BIERY and CARR, JJ.


BIERY, Justice.

Otto A. Koehler, appellant, was found guilty by a jury of the offense of driving while intoxicated. Punishment was assessed by the jury at two years imprisonment, probated, and a $2,000 fine.

In his first three points of error, appellant argues the trial court erred in proceeding to trial, and in overruling his motion for new trial, because Koehler had been declared incompetent by a probate court and a guardian had been appointed. He contends...

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