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Henry GILLILAND, Appellant, v. STATE of Texas, Appellee
MORRISON, Judge.
The offense is driving while intoxicated; the punishment, a fine of $50.
*328 This is a prosecution under Article 802, Vernon’s Ann.E.C., for the violation of which a jail term is mandatory.
'• The punishrfient assessed being less than the minimum provided by law, the judgment will be reversed on appeal. Malone v. State, Tex.Cr.App., 328 S.W.2d 310; Henderson v. State, Tex.Cr.App., 318 S.W.2d 898, and cases there cited.
The judgment is reversed and the cause remanded. '
