PHONG XUAN DAO v. STATE

No. 14-10-00369-CR.

337 S.W.3d 927 (2011)

PHONG XUAN DAO, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

April 14, 2011.


Attorney(s) appearing for the Case

Bob Wicoff , Houston, for appellant.

Patricia Lykos , Houston, for state.

Panel consists of Justices BROWN, BOYCE, and JAMISON.


OPINION

JEFFREY V. BROWN, Justice.

Appellant Phong Xuan Dao was found guilty by a jury of the misdemeanor offense of driving while intoxicated. ("DWI"), and the trial judge sentenced him to three days' confinement in the Harris County Jail, probated for fifteen months. In a single issue, Dao contends the trial court erred by not including a requested jury instruction under Texas Code of Criminal Procedure article 38.23 that would have informed the jury that...

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