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PHILLIPS v. STATE

No. 731-98.

992 S.W.2d 491 (1999)

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

Court of Criminal Appeals of Texas, En banc.

May 26, 1999.

Attorney(s) appearing for the Case

Janet P. Prueitt, Gatesville, for appellant.

Martin L. Peterson, Assist. DA, Meridian, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.

OPINION

WOMACK, J., delivered the opinion for a unanimous Court.

The Appellant was convicted of driving while intoxicated (DWI), a felony. DWI is a felony only "if it is shown ... that the person has previously been convicted two times of an offense relating to the operating of a motor vehicle [or an aircraft or a watercraft] while intoxicated." Penal Code § 49.09(b). Felony DWI is a felony of the third degree (ibid.), which is punishable by...

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