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STATE v. MORGAN

No. 09-03-121 CR.

110 S.W.3d 512 (2003)

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

Court of Appeals of Texas, Beaumont.

Decided June 4, 2003.

Discretionary Review Granted September 10, 2003.

Attorney(s) appearing for the Case

Michael McDougal, Dist. Atty., Gail McConnell, Asst. Dist. Atty., Conroe, for appellant.

D. Craig Hughes, Houston, for appellee.

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

OPINION

STEVE McKEITHEN, Chief Justice.

An information charged appellee with having committed the offense of misdemeanor Driving While Intoxicated (DWI). The information included one additional paragraph alleging a prior final conviction for DWI on or about May 8, 1993, from Montgomery County, Texas. The State filed a pretrial motion requesting a ruling from the trial court as to whether it would instruct the...

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