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STATE v. McGUFFEY

No. 12-01-00136-CR.

69 S.W.3d 654 (2002)

The STATE of Texas, Appellant, v. Johnie Dale McGUFFEY, Appellee.

Court of Appeals of Texas, Tyler.

January 16, 2002.

Attorney(s) appearing for the Case

Barry L. Spencer, Jr., Springtown, for appellant.

Don G. Smith, Dallas, for appellee.

Panel consisted of DAVIS, C.J., WORTHEN, J., and GRIFFITH, J.

JIM WORTHEN, Justice.

Appellee Johnie Dale McGuffey ("McGuffey") was indicted for the offense of driving while intoxicated ("DWI") pursuant to section 49.09(b) of the Texas Penal Code. At his trial, the State of Texas ("the State") was not allowed to introduce evidence of McGuffey's two previous DWI convictions to the jury. Following a mistrial granted on McGuffey's motion, the State appealed. In three issues, the State contends that the trial court erred in not allowing...

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