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PINE v. STATE

No. B14-92-01022-CR.

872 S.W.2d 25 (1994)

Gary Lane PINE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

February 17, 1994.

Attorney(s) appearing for the Case

Patrick Shelton, R. Scott Shearer, Houston, for appellant.

Karen A. Clark, Houston, for appellee.

Before SEARS and LEE, JJ., and ROBERT E. MORSE, Jr., J., Sitting by Designation.

OPINION

LEE, Justice.

This is an appeal from a felony conviction for driving while intoxicated. Punishment was assessed at three years probation and a $500.00 fine. We reverse and order entry of an acquittal.

Appellant was charged with driving while intoxicated. Because the indictment alleged that appellant had been convicted twice previously for the same type offense, this charge was enhanced to...

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