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PHILLIPS v. STATE

No. 10-97-148-CR.

4 S.W.3d 122 (1999)

Roy Lee PHILLIPS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

October 27, 1999.

Attorney(s) appearing for the Case

Janet P. Prueitt, Gatesville, for appellant.

B.J. Shepherd, District Attorney, Martin L. Peterson, Asst. District Attorney, Meridian, for appellee.

Before Chief Justice DAVIS Justice VANCE and Justice GRAY.

OPINION

REX D. DAVIS, Chief Justice.

A jury convicted Roy Lee Phillips of felony driving while intoxicated ("DWI"). See Tex. Pen.Code Ann. §§ 49.04(a), 49.09(b) (Vernon Supp.1999). Phillips pleaded true to enhancement and habitual allegations, and the jury sentenced him to forty-five years' imprisonment. On original submission, this Court held that Phillips's counsel provided ineffective assistance by failing to object to the indictment...

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