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MANN v. STATE

No. 03-98-00153-CR.

13 S.W.3d 89 (2000)

Edwin Harris MANN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Discretionary Review Granted May 3, 2000.

Attorney(s) appearing for the Case

Roy E. Greenwood, Austin, Appellant.

Travis L. McDonald, Asst. Dist. Atty., Georgetown, for State.

Before: Justices JONES, KIDD and DAVIS.

DAVIS, Justice (Retired).

Appellant's motion for rehearing is granted. The opinion and judgment dated December 16, 1999, are withdrawn.

A jury found appellant guilty of felony driving while intoxicated (DWI). See Tex.Penal Code Ann. §§ 49.04(a), .09(b) (West Supp.2000). Also, an affirmative finding was made on appellant's use of a deadly weapon. Punishment, enhanced by two prior felony convictions, was assessed by the jury at confinement for...

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