OPINION
Opinion by Justice MOSELEY.
I. FACTUAL AND PROCEDURAL HISTORY
In July 2006, Cody Joe Posey was convicted of criminally negligent homicide in association with a fatal traffic accident wherein driving while intoxicated (DWI) was not a factor. The jury found that the automobile driven by Posey in the commission of that offense was used as a deadly weapon. The jury assessed punishment at two years' imprisonment, but recommended that the sentence...
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