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Click here for the full text of this decision FACTS:The state indicted Ustacio Celaya for driving while intoxicated on or about July 30, 2005. Included in the indictment were two enhancement paragraphs. They were to be used to make the offense a felony under Texas Penal Code �49.09(b)(2), which states that an offense of driving while intoxicated is a felony of the third degree if it is shown that the person has previously been convicted two times of any other offense relating to the operation of a motor vehicle while intoxicated. The first paragraph averred that Celaya had been convicted of driving while intoxicated on April 20, 1989. The second mentioned a like conviction on April 29, 1982. Texas Penal Code �49.09(e)(2), however, provides that a final conviction may not be used for enhancement purposes if the offense for which the person is being tried was committed more than 10 years after the latest of: the date on which the judgment was entered for the previous conviction; the date on which the person was discharged from any period of community supervision on which the person was placed for the previous conviction; the date on which the person successfully completed any period of parole on which the person was released after serving a portion of the term to which the person was sentenced for the previous conviction; or the date on which the person completed serving any sentence for which the person was confined or imprisoned for the previous conviction. In addition, to bar use of a prior conviction for enhancement purposes, the person must not have been convicted of an offense related to operating a motor vehicle while intoxicated within 10 years of the latest date determined under Texas Penal Code �49.09(e)(2). Celaya’s counsel represented to the trial court that the 1989 conviction resulted in a probated sentence. Furthermore, Celaya was discharged from probation on July 10, 1992, according to counsel. The prosecutor did not dispute or object to these representations. The trial court granted Celaya’s motion to quash the indictment issued against him. Through the motion, Celaya asserted that the indictment was defective, because one of the prior convictions used to enhance the underlying charge of driving while intoxicated to the level of a felony was too remote. The trial court agreed. On appeal, the state argued that the decision of the trial court was incorrect. Neither conviction was too remote according to the provisions of �49.09(e) Texas Penal Code, the state argued. HOLDING:Affirmed. The court concluded that the 1989 conviction fell within the scope of �49.09(e) and could not be used for the enhancement purposes because it was final; the offense for which Celaya was being prosecuted purportedly occurred more than 10 years after his discharge from probation for the 1989 conviction; and Celaya had not been convicted for driving while intoxicated within 10 years of July 20, 1992 (i.e. his 1982 conviction for same having occurred several months outside the 10-year window). The court rejected the state’s contention that to the extent the 1982 conviction may be available for enhancement purposes, then the 1989 conviction automatically becomes available since it arose within 10 years of 1982. Each conviction, the court stated, that the state intends to use must be separately tested against the conditions of �49.09(e). So, both the 1982 and 1989 convictions at bar must undergo separate testing against the conditions of �49.09(e), the court stated. In sum, because the date (July 20, 1992) on which Celaya was discharged from probation as a result of his 1989 conviction was not within 10 years of his April 29, 1982, conviction, the 1989 conviction could not be used for enhancement purposes. Thus, the court held, the trial court did not err in granting his motion to quash the indictment. OPINION:Quinn, C.J.; Quinn, C.J., and Hancock and Pirtle, J.J.

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