(DOWNLOAD) "Strong V. State" by Texas Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Strong V. State
- Author : Texas Court of Appeals
- Release Date : January 30, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Donna Benita Strong was charged with the class B misdemeanor offense of driving while intoxicated (DWI) pursuant to section 49.04 of the Texas Penal Code. See Tex. Pen. Code Ann. § 49.04 (Vernon Supp. 2002). See *fn1 Appellant pleaded not guilty before a jury. At the close of the State's case, the trial court instructed a verdict of not guilty on the DWI offense and allowed the trial to proceed on the perceived lesser included offense of attempted DWI. The jury found appellant guilty of attempted DWI and assessed a $300 fine. Appellant appeals the judgment of conviction of attempted DWI contending, in three points of error, that: (1) attempted DWI is an unconstitutional crime because it requires a higher burden of culpability than the charged offense; (2) attempted DWI is an unconstitutional crime because it requires proof not included in the original charge and rendered appellant unable to prepare a defense; and (3) attempted DWI is not a crime because it does not fit within the statutory scheme provided by the legislature and is inconsistent with the purposes of the penal code. The State presents a cross-point challenging the action of the trial court in instructing a verdict of not guilty on the charged DWI offense in light of the evidence adduced at trial. For reasons that follow, we dismiss the State's cross-point for lack of jurisdiction, vacate the trial court's judgment of conviction of attempted DWI, and render judgment that appellant is acquitted of the charged offense of driving while intoxicated. See Tex. R. App. P. 43.3 ; Hall v. State, 81 S.W.3d 927, 931 (Tex. App.-Dallas 2002, pet. filed).