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MARTIN v. STATE

No. 09-01-202 CR.

84 S.W.3d 267 (2002)

Mel Litherland MARTIN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided May 29, 2002.

Discretionary Review Refused October 2, 2002.

Attorney(s) appearing for the Case

Stephen Simonsen, Joseph J. LaBella, Conroe, for appellant.

Michael A. McDougal, Dist. Atty., Michael M. Valdez, Dan P. Bradley, Asst. Dist. Attys., Conroe, for state.

Before WALKER, C.J., BURGESS, and GAULTNEY, JJ.

OPINION

DON BURGESS, Justice.

On trial for intoxication manslaughter, a jury convicted Mel Litherland Martin of the lesser included offense of driving while intoxicated. The trial court determined that because Martin had been previously convicted of two DWIs, she should be punished for felony DWI (third degree). The trial court sentenced Martin to three years' confinement, suspended for five years.

Martin's first point of error contends the trial...

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