WEAVER v. STATE

No. 215101.

87 S.W.3d 557 (2002)

Steven Louis WEAVER, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En banc.

September 11, 2002.


Attorney(s) appearing for the Case

Floyd W. Freed, III, Spring, for Appellant.

Jessica D'Anna, Asst. Dist. Atty., Houston, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.


OPINION

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

Texas Penal Code §§ 49.04 and 49.09(b) define felony driving while intoxicated (DWI) as DWI plus two prior intoxication-related convictions. For purposes of proving felony DWI, Texas Penal Code § 49.09(e) bars the State from using intoxication-related convictions that are more than ten years older...

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