Michael John Brumley v. The State of Texas

Summary

The Sixth Court of Appeals of Texas found reversible error in the judgment convicting Michael John Brumley of a Class A misdemeanor for operating a motor vehicle while intoxicated. The court reversed the judgment and remanded with instructions to reform the conviction to a Class B misdemeanor and conduct a new punishment hearing.

Holdings

1. The trial court's judgment convicting Brumley of Class A misdemeanor operating a motor vehicle while intoxicated was affected by reversible error and could not stand.
2. The judgment was to be reformed to reflect a conviction for the Class B misdemeanor offense of operating a motor vehicle while intoxicated, followed by a new punishment hearing attendant to the reformed conviction.

Questions Presented

1. Whether reversible error required reversal of the judgment convicting Brumley of Class A misdemeanor operating a motor vehicle while intoxicated.
2. What relief was appropriate after the reversible error, including whether the conviction should be reformed to a Class B misdemeanor and a new punishment hearing conducted.

Disposition

reversed_and_remanded