LAYTON v. STATE

No. 01-05-00950-CR.

263 S.W.3d 179 (2007)

Daniel LAYTON, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Granted September 12, 2007.


Attorney(s) appearing for the Case

W. Troy McKinney, Schneider & McKinney, P.C., Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney-Harris County, Carol M. Cameron, Assistant District Attorney, Houston, TX, for Appellee.

Panel consists of Justices NUCHIA, JENNINGS, and HIGLEY.


OPINION

SAM NUCHIA, Justice.

A jury convicted appellant, Daniel Layton, of the misdemeanor offense of driving while intoxicated (DWI), and the trial court assessed punishment at 180 days in the Harris County jail, probated for one year, and a $300 fine. We determine whether the trial court abused its discretion in admitting into evidence videotaped statements made by appellant at the scene. We affirm.

BACKGROUND

At 4:00 a.m. on October...

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