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STATE v. CHARLTON

No. 01-92-00012-CR.

847 S.W.2d 443 (1993)

The STATE of Texas, Appellant, v. Michael Albert CHARLTON, Appellee.

Court of Appeals of Texas, Houston (1st Dist).

February 11, 1993.

Attorney(s) appearing for the Case

Daniel W. Leedy, Bellville, for appellant.

Conrad Day, Bellville, for appellee.

Before DUGGAN, DUNN and MIRABAL, JJ.

OPINION

DUGGAN, Justice.

The State appeals an order of the county court at law granting appellee's motion for new trial. A jury found appellee, Michael Albert Charlton, guilty of driving while intoxicated and assessed his punishment at two years confinement in the county jail, probated, and a fine of $2000. The Code of Criminal Procedure expressly authorizes the State to appeal an order that grants the defendant a new trial. Tex.Code Crim. Proc.Ann. art...

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