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  5. 969 S.W.2d 51 (1998)
 

FIERRO v. STATE

No. 03-96-00637-CR.

969 S.W.2d 51 (1998)

Harvey Galan FIERRO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

April 9, 1998.

Attorney(s) appearing for the Case

Richard J. Segura Jr., Law Office of Richard J. Segura Jr., Austin, for Appellant.

Ken Oden, County Attorney, Giselle Horton, Assistant County Attorney, Austin, for State.

Before YEAKEL, C.J., and KIDD and DAVIS,JJ.

YEAKEL, Chief Justice.

A jury convicted Harvey Galan Fierro of driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West 1994 & Supp.1998). He elected to have the trial court assess his punishment. The trial court sentenced him to a $1000 fine and confinement in the county jail for a period of ninety days, but probated the confinement and $700 of the fine for two years. Fierro appeals his conviction...

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