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APPEAL FROM THE 173RD JUDICIAL DISTRICT COURT OF HENDERSON COUNTY, TEXAS

Appellee Johnie Dale McGuffey (“McGuffey”) was indicted for the offense of driving while intoxicated (“DWI”) pursuant to section 49.09(b) of the Texas Penal Code. At his trial, the State of Texas (“the State”) was not allowed to introduce evidence of McGuffey’s two previous DWI convictions to the jury. Following a mistrial granted on McGuffey’s motion, the State appealed. In three issues, the State contends that the trial court erred in not allowing it to discuss McGuffey’s two previous DWI convictions during voir dire, in not allowing the introduction into evidence of McGuffey’s two previous DWI convictions, and in ruling that the prejudicial effect of the two previous DWI convictions outweighed their probative value. We remand for further proceedings consistent with this opinion.

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