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SMITH v. STATE

No. 0755-04.

158 S.W.3d 463 (2005)

Rodney Camile SMITH, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

February 2, 2005.

Attorney(s) appearing for the Case

Stephen Christopher Taylor, Humble, for Appellant.

Jeffrey L. Van Horn, First Asst. State Atty., Matthew Paul, State's Atty., Austin, for State.

OPINION

KELLER, P.J., delivered the opinion of the Court in which PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

When a defendant stipulates to the two prior convictions necessary to establish the predicate for felony DWI, can an appellate court properly hold the evidence legally insufficient on the ground that one of the prior convictions is too remote in time and the record contains no evidence of an intervening conviction? We...

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