PRICE, J., delivered the opinion of the Court, in which MEYERS, MANSFIELD, HOLLAND, WOMACK and JOHNSON, JJ., joined
Appellant was arrested and indicted for the offense of driving while intoxicated ("DWI"). See TEX. PENAL CODE ANN. § 49.09(b) (West Supp.1999). Section 49.09(b) provides that this offense is a third degree felony if the person has two prior DWI convictions. The indictment alleged that appellant had six such previous convictions.
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