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URIEGA v. STATE

No. 04-03-00397-CR.

136 S.W.3d 258 (2004)

Juan Antonio URIEGA, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

March 10, 2004.

Attorney(s) appearing for the Case

Robert Garza, Del Rio, for appellant.

Fred Hernandez, District Attorney, Del Rio, for appellee.

Sitting: CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

Juan Antonio Uriega ("Uriega") was convicted of the felony offense of driving while intoxicated ("DWI"). In his sole issue on appeal, Uriega asserts that the trial court lacked felony jurisdiction because one of the prior DWI convictions used to elevate his current offense from a misdemeanor to a felony was too remote. We vacate the judgment and dismiss the indictment.

BACKGROUND

Uriega had...

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