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STATE v. REMSING

No. 3-91-057-CR.

829 S.W.2d 400 (1992)

The STATE of Texas, Appellant, v. John REMSING, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 3, 1992.

Attorney(s) appearing for the Case

Ken Oden, County Atty., Giselle Horton, Asst. County Atty., Austin, for State.

Randy T. Leavitt, Minton, Burton, Foster & Collins, Austin, for appellee.

Before CARROLL, C.J., and SMITH and DAVIS,JJ.

DAVIS, Justice (Retired).

The State appeals the trial court's order granting appellee's pretrial plea of double jeopardy.1 In a single point of error, the State asserts that the trial court erred because the State will not rely upon conduct for which appellee has been convicted to establish an essential element of the offense of driving while intoxicated, second offense. See Tex.Rev.Civ...

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