Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A jury found appellant guilty of the offense of felony driving while intoxicated (DWI). See Tex. Pen. Code Ann. �� 49.04, .09(b) (West Supp. 2001). The jury found allegations of other felony offenses alleged in the indictment true and assessed punishment at forty-five years in prison. Raising one issue, appellant contends that the evidence was legally insufficient to support the felony DWI conviction. We will sustain this contention, reform the judgment, and remand the cause to the district court for a new sentencing hearing.

The issue presented in this appeal is whether a defendant is guilty of felony DWI when the prior intoxication offenses used to elevate the offense to a felony are too remote in time and there is no jury finding that the defendant committed an intoxication offense within ten years of the currently charged DWI. Resolution of this issue involves the interpretation and interplay of Texas Penal Code subsections 49.09(b) and (e). Id. � 49.09(b), (e). DWI is a third degree felony if it is shown that the person has previously been convicted two times of intoxication offenses. Id. � 49.09(b). A previous intoxication conviction may not be used for purposes of elevating the charged offense to a felony if the conviction: (1) was for an offense committed more than ten years before the offense for which the person is being tried was committed; and (2) the person has not been convicted of an intoxication offense committed within ten years before the date on which the offense for which the person is being tried was committed. Id. � 49.09(e).


Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Healthcare Real Estate 2023

December 11, 2023 - December 12, 2023
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

Legalweek Leaders in Tech Law Awards 2024

January 29, 2024
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Legalweek New York 2024

January 29, 2024 - February 01, 2024
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.

Learn More

Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...

Apply Now ›

FINANCE & REAL ESTATE ASSOCIATES - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking two associates to expand our national commercial real estate lending practice. Candidates should have ...

Apply Now ›

Labor and Employment Junior Associate

Duane Morris LLP seeks a highly motivated junior associate to join its dynamic and growing Labor and Employment Class Action group in Chicag...

Apply Now ›

Shapiro, Croland, Reiser, Apfel, & Di Iorio, LLP

New Jersey Law Journal

ShapiroCroland Attorneys at Law Take Pleasure in Announcing that VALERIE A. VLADYKA HAS JOINED THE FIRM AS COUNSEL Valerie concentrates her practice in Insurance coverage, Commercial Litigation and Probate Matters 411 Hackensack Avenue, Hackensack, New Jersey 07601 Telephone: (201) 488-3900 | Telecopier: (201) 488-9481 |www.shapiro-croland.com November 2023

View Announcement ›

Rottenstreich Farley Bronstein Fisher Potter Hodas LLP

Daily Business Review

Congratulations to our Partner Richard Segal on becoming Chairman of the Miami Beach Chamber of Commerce

View Announcement ›

Krupnick Campbell Malone, et al, P.A.

Daily Business Review

WE'RE MOVING! November 30, 2023

View Announcement ›