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WARREN v. STATE

No. 744-87.

744 S.W.2d 614 (1988)

David Milton WARREN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

February 10, 1988.

Attorney(s) appearing for the Case

J. Gary Trichter, Henry L. Burkholder, III, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty., and Eleanor M. McCarthy and Robert Keeple, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant pleaded guilty to driving while intoxicated, enhanced by a prior conviction. The court convicted appellant and assessed punishment at three years confinement and a fine of $450.00, probated. Subsequently, the State filed a motion to revoke appellant's probation. At the hearing on the motion to revoke, appellant filed a motion to dismiss the felony DWI conviction on the basis of...

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