Full text
Joe COMPIAN, Appellant, v. the STATE of Texas, Appellee
*469 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.
The punishment assessed being less than the minimum provided by law, reversal of the conviction is required. Malone v. State, 168 Tex.Cr.R. 409, 328 S.W.2d 310; Henderson v. State, 167 Tex.Cr.R. 112, 318 S.W.2d 898, and cases cited.
The judgment is reversed and the cause remanded.