RODRIGUEZ v. STATE

No. 01-97-01342-CR.

31 S.W.3d 736 (2000)

Juan Flores RODRIGUEZ, Appellant, v. The STATE of Texas, Appellee.

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

October 19, 2000.


Attorney(s) appearing for the Case

Dominique P. Gerard, Houston, for Appellant.

Carmen Castillo Mitchell, John B. Holmes, Houston, for State.

Panel consists of Justices COHEN, NUCHIA, and SMITH.


OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

MURRY B. COHEN, Justice.

A jury convicted appellant of driving while intoxicated (DWI) and found two enhancement paragraphs true, and the trial judge assessed punishment at eight years in prison. We reverse and remand.

On original submission, appellant contended in his first issue that the trial judge erred by submitting an alternative theory of guilt in the jury charge. This Court disagreed, relying...

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