AT AUSTIN
NO. 3-92-054-CR
ROBERT AKERS,
APPELLANT
vs.
THE STATE OF TEXAS,
APPELLEE
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT NO. 0911661, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING
PER CURIAM
A jury found appellant guilty of driving while intoxicated, felony offense, and assessed punishment at imprisonment for five years and a $2000 fine. Tex. Rev. Civ. Stat. Ann. art. 6701l-1 (West Supp. 1992). In his first point of error, appellant urges that he is entitled to a new trial because he has been deprived of a complete appellate record because an trial exhibit has been lost. Appellant relies on Durrough v. State, 693 S.W.2d 403 (Tex. Crim. App. 1985), and Sheffield v. State, 777 S.W.2d 743 (Tex. App.--Beaumont 1989, no pet.). But see Webb v. State, 760 S.W.2d 263, 276 n.19 (Tex. Crim. App. 1988). The State confesses error and concedes that reversal is required.
Point of error one is sustained. As a result, we need not reach points of error two and three. The judgment of conviction is reversed and the cause is remanded to the trial court.
[Before Chief Justice Carroll, Justices Jones and Kidd]
Reversed and Remanded
Filed: October 28, 1992
[Do Not Publish]