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PHIFER v. STATE

No. 840-89.

787 S.W.2d 395 (1990)

George David PHIFER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 11, 1990.

Attorney(s) appearing for the Case

Peter S. Chamberlain, Commerce, for appellant.

Robert Huttash, State's Atty., and Carl E.F. Dally, Sp. Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted by a jury of driving while intoxicated1 after having previously been convicted of driving while intoxicated at least twice. Finding that appellant was a habitual offender, the jury assessed punishment at 45 years in the Texas Department of Corrections.2 This conviction was reversed by the Dallas Court of Appeals...

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