Mendez v. State

Court of Criminal Appeals of Texas
Mendez v. State, 379 S.W.2d 333 (Tex. Crim. App. 1964)
1964 Tex. Crim. App. LEXIS 992
Woodley

Mendez v. State

Opinion

WOODLEY, Presiding Judge.

The offense is driving a motor vehicle upon a public highway while intoxicated, the minimum punishment for which is 3 days in jail and a fine of $50. (Art. 802 Vernon’s Ann.P.C.)

The judgment appealed from was rendered upon the verdict of a jury assessing a fine of $50, but no jail term.

*334 The punishment assessed being less than the minimum provided by law, reversal of the conviction is required. Compian v. State, Tex.Cr.App., 363 S.W.2d 468, and cases there cited.

The judgment is reversed and the cause is remanded.

Reference

Full Case Name
Roy Lopez MENDEZ, Appellant, v. the STATE of Texas, Appellee
Cited By
4 cases
Status
Published