Garner v. State

Court of Criminal Appeals of Texas

Decided March 7, 1990

Court of Criminal Appeals of Texas · decided 1990-03-07

Cited by 23 later decisions — most recently August 2003

5 federal appellate · 18 state decisions

Relies on Sheffield v. State · Garner v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-07

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¶1OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

¶2Appellant was convicted by a jury of driving while intoxicated. The trial court assessed punishment at ten days in jail and a fine of $300. Appellant’s conviction was reversed. Garner v. State, 779 S.W.2d 498 (Tex.App. — Ft. Worth, 1989).

¶3The State raises two grounds for review. We agree with the Court of Appeals that reversal is required. However, as is true in every case where discretionary review is refused, this refusal does not constitute endorsement or adoption of the reasoning or language employed by the Court of Appeals. Sheffield v. State, 650 S.W.2d 813 (Tex.Cr.App.1983).

¶4With this understanding, we refuse the State’s petition for discretionary review.

WHITE, J., not participating.