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STATE v. MEWBOURN

No. 12-98-00054-CR.

993 S.W.2d 771 (1999)

The STATE of Texas, Appellant, v. Clint Randall MEWBOURN, Appellee.

Court of Appeals of Texas, Tyler.

April 29, 1999.

Attorney(s) appearing for the Case

Donna R. Bennett, John L. Youngblood, Athens, for appellant.

Mickey C. Shyrock, Athens, for appellee.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

HADDEN, Justice.

Appellee Clint Randall Mewbourn ("Mewbourn") was indicted for the offense of felony driving while intoxicated pursuant to TEX. PEN.CODE ANN. § 49.09(b) (Vernon Supp.1999). Section 49.09(b) provides that the offense of driving while intoxicated is a third degree felony if the person has two prior convictions for operating a motor vehicle while intoxicated. The indictment indicated that Mewbourn had...

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