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371 S.W.2d 885

Lavandera v. State

Court of Criminal Appeals of Texas · decided 1963-06-19

Decided 1963-06-19

MORRISON, Judge.

¶1ON MOTION FOR REHEARING

¶2On motion for rehearing appellant contends there is a fatal variance in the transcript as the caption shows the offense as “Unlawfully, while intoxicated, drive and operate a motor vehicle upon a public highway”, while the judgment states that appellant was actually convicted of the offense of “IJnlawfully drive and operate a motor vehicle upon a public highway while under the influence of a drug.”

¶3Since the rendition of our original opinion, a supplemental transcript correcting this variance has been received from the County Criminal Court at Law No. 1 of Harris County.

¶4Remaining convinced that we properly disposed of this cause originally, appellant’s motion for rehearing is overruled.

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