Court of Criminal Appeals of Texas May 20, 1981, No. 60501 (Johnson v. State)

OPINION

ODOM, Judge.

This is an appeal from a conviction for driving while under the influence of drugs. Punishment was assessed at confinement for thirty days.

At the outset we notice fundamental error in the court’s charge to the jury which we will review in the interest of justice. Art. 40.09, Sec. 13, V.A.C.C.P.