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BARFIELD v. STATE

No. 1303-99.

63 S.W.3d 446 (2001)

Lonnie Ray BARFIELD, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

December 19, 2001.

Attorney(s) appearing for the Case

Joseph W. Varela, Brian W. Wice, Houston, for appellant.

William J. Delmore, III, Assist. DA, Houston, Jeffrey L. Van Horn, First. St. Att., Austin, for state.

Before the court en banc.

WOMACK, J., delivered the opinion of the Court, in which KELLER, P.J., and KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The resolution of this appeal turns on an issue of the value of evidence given at the "punishment stage" of a trial without a jury.

An indictment charged the appellant with committing felony DWI and being an habitual felony offender. DWI is a felony when the suspect has been twice previously...

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