ATKINSON v. STATE

No. 2-92-328-CR.

871 S.W.2d 252 (1994)

Michael Hughes ATKINSON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Discretionary Review Granted May 25, 1994.


Attorney(s) appearing for the Case

Lollar, Phillips, Factor & Blanco, P.C., and Abe Factor, Fort Worth, for appellant.

Tim Curry, Crim. Dist. Atty., Betty Marshall and Charles M. Mallin, Assts., Steven W. Conder, Charles Jones, and Michael Klein, Assts., Fort Worth, for appellee.

Before FARRIS, WEAVER and DAY, JJ.


OPINION

DAY, Justice.

Michael Hughes Atkinson appeals his conviction for driving while intoxicated. TEX. REV.CIV.STAT.ANN. art. 6701/-1(a), (b) (Vernon Supp.1994). After a jury trial, the court assessed punishment at 120 days confinement, probated for two years, and a $500 fine.

We reverse and remand for a new trial.

Atkinson brings two points of error on appeal. In point one, he complains the trial court improperly refused his request to...

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