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PEREZ v. STATE

No. 2-02-084-CR.

124 S.W.3d 214 (2002)

Ernest R. PEREZ, Jr., Appellant, v. The STATE of Texas.

Court of Appeals of Texas, Fort Worth.

December 19, 2002.

Attorney(s) appearing for the Case

Lisa Mullen, Fort Worth, for Appellant.

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Asst. Crim. Dist. Atty. and Chief of the Appellate Division, Helena F. Faulkner, Tiffany Hamilton, Asst. Crim. Dist. Attys., Fort Worth, for Appellee.

PANEL F: CAYCE, C.J.; DAY and LIVINGSTON, JJ.

OPINION

JOHN CAYCE, Chief Justice.

Ernest R. Perez, Jr. appeals from his conviction for felony driving while intoxicated (DWI). In two points, he contends the State improperly used a prior misdemeanor conviction to enhance both the charged offense from a misdemeanor to a felony and his punishment, and his trial counsel was ineffective for not objecting to this fundamental defect in the indictment. We will affirm.

The indictment alleges that appellant...

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