The appellant was convicted of the offense of allegedly driving while intoxicated, third offense or more and enhanced. Two judgments contain the same name as appellant and reflect a third DWI offense in April 1990 following a second such offense in June 1989 in the same county. Though defendants are probably the same person, for proof beyond a reasonable doubt "probably" is not good enough. The trial court's judgment is affirmed as modified and remanded for a new punishment hearing. Amarillo Court of Appeals, No. 07-12-00105-CR, 01-28-2013.
Reyes v. State
Tex. App. Dist. 7
January 31, 2013
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