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SMITH v. STATE

No. 08-98-00327-CR.

12 S.W.3d 149 (2000)

Randall Lamar SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled March 8, 2000.

Attorney(s) appearing for the Case

J.K. `Rusty' Wall, Law Office of J.K. Rusty Wall, Midland, for Appellant.

Al W. Schorre, Jr., Dist. Atty. of Midland County, Eric Kalenak, Asst. Dist. Atty., Midland, for State.

Before Panel No. 1 LARSEN, McCLURE, and CHEW, JJ.

OPINION

SUSAN LARSEN, Justice.

This case involves a felony DWI conviction in which Randall Lamar Smith's indictment alleged he had six previous convictions for the offense. Finding that this case is controlled by the recent holding of the Court of Criminal Appeals in Tamez v. State,1 and finding harm, we reverse and remand for new trial.

FACTS

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