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RIZO v. STATE

No. 11-97-132-CR.

963 S.W.2d 137 (1998)

Jose RIZO, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

February 5, 1998.

Attorney(s) appearing for the Case

John Milton Cook, Christian Souza, Law Office of John Cook, Dallas, for appellant.

John Vance, Crim. Dist. Atty., Dallas, for appellee.

Before ARNOT, C.J., and DICKENSON and WRIGHT, JJ.

OPINION

ARNOT, Chief Justice.

The issue on appeal is whether a 1992 conviction for driving while intoxicated, where the imposition of the sentence was suspended and the defendant was placed on community supervision, is a "final" conviction for purposes of enhancement under TEX. PENAL CODE ANN. § 49.09 (Vernon Supp. 1998) in the trial of a subsequent driving while intoxicated offense. We hold that it is under the special enhancement provisions for operating...

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