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Williams v. State

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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

OPINION

Appellant was convicted of the offense of felony driving while intoxicated and was sentenced by the jury to twenty years’ confinement. Four issues are presented on appeal: (1) whether the trial court erred in refusing to permit appellant to demonstrate his normal faculty of speech to the jury, without being subject to cross-examination by the State; (2) whether the trial court erred in refusing to permit appellant to show the jury the condition of his mouth, without being subject to cross-examination by the State; (3) whether Texas Code of Criminal Procedure Article 36.01(a)(1) is unconstitutional as it applies to felony driving while intoxicated prosecutions; and (4) whether the trial court erred in permitting the state to comment on appellant’s two prior driving while intoxicated convictions. We will affirm.

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