MEMORANDUM OPINION
Memorandum Opinion by Justice GARZA.
A jury convicted appellant Albert Foley Jr. of his third driving while intoxicated offense. See TEX. PENAL CODE ANN. § 49.04 (Vernon 2003), § 49.09 (Vernon Supp.2010). The jury also determined that the vehicle Foley was driving at the time of the offense was used as a deadly weapon. See id. § 1.07(a)(17) (Vernon Supp.2010). After finding two enhancement allegations to be...
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