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KIRSCH v. STATE

No. PD-0245-11.

357 S.W.3d 645 (2012)

Scott Alan KIRSCH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 25, 2012.

Attorney(s) appearing for the Case

Ebb B. Mobley , Longview, for Appellant.

Coke Solomon , Crim. Dist. Atty, Marshall, Lisa C. McMinn , State's Attorney, Austin, for State.

OPINION

ALCALA, J., delivered the opinion for a unanimous Court.

Appellant, Scott Alan Kirsch, was convicted of his second driving while intoxicated (DWI) offense in violation of Texas Penal Code § 49.04(a).1 TEX. PEN.CODE § 49.04(a). In his petition for discretionary review, appellant argues, in two issues, that the court of appeals erred by affirming the trial court's charge to the jury, which included a definition...

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