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MITCHELL v. STATE

No. 3-90-111-CR.

821 S.W.2d 420 (1991)

Fred Leon MITCHELL, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 15, 1992.

Discretionary Review Refused April 15, 1992.

Attorney(s) appearing for the Case

Bruce N. Smith, Beaumont, for appellant.

Sally Ray, Asst. Dist. Atty., Georgetown, for appellee.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

PER CURIAM.

A jury found appellant guilty of driving while intoxicated, third offense. Tex.Rev. Civ.Stat.Ann. art. 6701/-l(e) (Supp.1991). The jury found that another person suffered serious bodily injury as a direct result of the offense, and assessed punishment at imprisonment for five years and a $2500 fine. Art. 6701/-l(f). The jury also made an affirmative finding that appellant used a deadly weapon, the automobile...

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