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STATE v. MORGAN

No. 1083-03.

160 S.W.3d 1 (2004)

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

Court of Criminal Appeals of Texas.

Rehearing Denied July 28, 2004.

Attorney(s) appearing for the Case

D. Craig Hughes, Houston, for Appellant.

Gail Kikawa McConnell, Assistant District Attorney, Conroe, Matthew Paul, State's Attorney, Austin, for State.

OPINION

KEASLER, J., delivered the opinion of the Court joined by MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, HOLCOMB, and COCHRAN, JJ.

The State charged Mark Hamilton Morgan with DWI and alleged a prior DWI conviction. Before trial, the State requested the judge to treat the information as alleging a Class A misdemeanor under Penal Code § 49.09. The judge instead ruled that he would treat it as charging a Class B misdemeanor with an enhancement...

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