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Hudnall v. State

Court of Criminal Appeals of Texas
Oct 16, 1968
432 S.W.2d 910 (Tex. Crim. App. 1968)

Opinion

No. 41646.

October 16, 1968.

Appeal from the Criminal District Court No. 5, Dallas County, Thomas Crofts J.

No attorney on appeal.

Leon B. Douglas, State's Atty., Austin, for the State.


OPINION


The offense is driving a motor vehicle while intoxicated; the punishment, a fine of $125.00 and three days in jail.

Prior to the trial of this cause, the State moved for dismissal of the allegation of the prior conviction alleged for jurisdictional purposes contained in the indictment and moved that appellant be tried on the remaining portion of the indictment, which was a misdemeanor count for driving while intoxicated.

While the record does not reflect that the court ever acted upon the State's motion, it is shown that appellant waived a jury and pled guilty to the offense of driving a motor vehicle while intoxicated, a misdemeanor, and further agreed to stipulated testimony to said misdemeanor offense.

No grounds of error are set forth in a brief filed in the trial court as required by Art. 40.09, Vernon's Ann.C.C.P.

We have examined the record and find nothing contained therein which we should consider as unassigned error under Section 13 of said Article.

No question based on indigency is raised.

The judgment of the trial court is reformed under Art. 44.24, V.A.C.C.P., to show appellant's conviction for misdemeanor driving while intoxicated, and as reformed, the judgment is affirmed.


Summaries of

Hudnall v. State

Court of Criminal Appeals of Texas
Oct 16, 1968
432 S.W.2d 910 (Tex. Crim. App. 1968)
Case details for

Hudnall v. State

Case Details

Full title:William Lee HUDNALL, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Oct 16, 1968

Citations

432 S.W.2d 910 (Tex. Crim. App. 1968)

Citing Cases

Lujan v. State

Brewer v. State, 572 S.W.2d 719 (Tex.Cr.App. 1978). See also: Hudnall v. State, 432 S.W.2d 910 (Tex.Cr.App.…