331 SW2D 52 - Bradshaw v. State

How this case has been cited

Cited by 5 later decisions — most recently October 1991

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1No attorney for appellant of record on appeal.

¶2Richard E. McDaniel, County Atty., Center, Leon B. Douglas, State's Atty., Austin, for the State.

¶3DICE, Commissioner.

¶4This is an appeal from a conviction for driving while intoxicated as defined by Art. 802, Vernon's Annotated Penal Code.

¶5The punishment was assessed at imprisonment in jail for 3 days, no fine being assessed. Under the statute a minimum fine of not less than $50 is mandatory.

¶6The punishment assessed being less than the minimum provided by law, the judgment will be reversed on appeal, Henderson v. State, Tex.Cr.App., 318 S.W.2d 898 and Malone v. State, Tex.Cr.App., 328 S.W.2d 310.

¶7The judgment is reversed and the cause remanded.

¶8Opinion approved by the Court.

¶9

*53 On Motion for Rehearing

¶10BELCHER, Commissioner.

¶11By affidavit filed in this court the state says that a clerical error was made in the entry of the judgment in the minutes of the trial court, and by such affidavit the state seeks to supply the data to correct the error. Such an error must be corrected in the trial court.

¶12Until this appeal has become final, the trial court is without authority to correct the minutes of the court which form a part of the record on appeal. Art. 828, Vernon's Annotated Code of Criminal Procedure. Palacio v. State, Tex.Cr.App., 296 S.W.2d 550.

¶13The motion for rehearing is overruled.

¶14Opinion approved by the Court.