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STATE v. MORGAN

No. 1083-03.

160 S.W.3d 1 (2003)

The STATE of Texas, Appellant, v. Mark Hamilton MORGAN, Appellee.

Court of Criminal Appeals of Texas.

September 10, 2003.

Attorney(s) appearing for the Case

Craig Hughes, Houston, for Appellant.

Gail Kikawa McConnell, Assist. DA, Conroe, Matthew Paul, State's Atty., Austin, for State.

ORDER

PER CURIAM.

Appellant was charged with driving while intoxicated (DWI), with one prior DWI conviction alleged for enhancement. The State filed a pretrial motion requesting that the trial court decide whether it would instruct the jury on the punishment range under Penal Code § 49.09(a) or Penal Code § 12.43(b) if the jury found Appellant guilty and the enhancement paragraph true. The trial court ruled that it would instruct the jury on the...

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