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STATE v. VERHOEVEN

No. 2-03-234-CR.

151 S.W.3d 637 (2004)

The STATE of Texas, State, v. Patrick Wayne VERHOEVEN, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled November 4, 2004.

Attorney(s) appearing for the Case

Tim Curry, Crim. Dist. Atty., Charles M. Mallin, Asst. Crim. Dist. Atty., Chief of Appellate Section, Steven Jumes, Asst. Crim. Dist. Atty., Fort Worth, for State.

Law Office of William H. `Bill' Ray, P.C., William H. `Bill' Ray, Fort Worth, for Appellee.

Panel A: LIVINGSTON, DAUPHINOT, and McCOY, JJ.

OPINION

BOB McCOY, Justice.

I. INTRODUCTION

In a single point, the State of Texas challenges the trial court's grant of appellee Patrick Wayne Verhoeven's ("Verhoeven") motion to quash the jurisdictional enhancement count of his felony driving while intoxicated ("DWI") indictment. The State complains that the trial court erred in granting the motion based on the finding that Verhoeven's 1984 DWI conviction did not qualify for enhancement use under...

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