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SEEKER v. STATE

No. 01-04-00638-CR.

186 S.W.3d 36 (2005)

Ricky SEEKER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Refused March 8, 2006.

Attorney(s) appearing for the Case

George McCall Secrest, Jr., Bennett & Secrest, L.L.P., Houston, TX, for Appellant.

Charles A. Rosenthal, Jr., District Attorney—Harris County, Bridget Holloway, Assistant District Attorney—Harris County, Houston, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

ELSA ALCALA, Justice.

Appellant, Ricky Seeker, pleaded not guilty to the misdemeanor offense of driving while intoxicated (DWI) and not true to two punishment enhancement paragraphs. The jury found appellant guilty. The trial court found not true the enhancement paragraph alleging appellant had been previously convicted for DWI and true the paragraph asserting that appellant had an open alcoholic beverage container during the commission of the current...

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