Court of Criminal Appeals of Texas

A court of appeals judgment affirming appellant's conviction is reversed and remanded where: 1) the trial court erred in allowing appellant to be prosecuted under Section 38.10 of the Penal Code; 2) the court of appeals erred in allowing the appellant to be punished more severely than he could have been under a Transportation Code provision; and 3) a County Court at Law erred in holding that the appellant's objections to prosecution under the Penal Code were untimely and therefore "waived."

Appellate Information

• Decided 03/05/2008
• Published 03/05/2008

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Alexander B. Wathen, Houston, for Appellant., Kim R. Trujillo, Asst. City Atty., Houston, Jeffrey L. Van Horn, State's Atty., Austin, for State.