No. 10-95-165-CR.

65 S.W.3d 98 (2000)

Calvin Ray PERKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

April 19, 2000.

Attorney(s) appearing for the Case

John T. Tatum, Richardson, for appellant.

John C. Vance, Crim. Dist., John R. Rolater, Jr., Asst. Dist., Dallas, for appellee.

Before Justice VANCE, Justice GRAY and Chief Justice McDONALD.

FRANK G. McDONALD, Chief Justice. (Retired).

Appellant appeals from his conviction for driving while intoxicated, third offense, for which he was sentenced to five years in the Texas Department of Criminal Justice, Institutional Division, probated, and a $500.00 fine.

Appellant appeals on two points of error:

Point 1: "The evidence is legally insufficient to support the conviction for DWI." Point 2: "The evidence is factually insufficient...

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