FOLEY v. STATE

No. 13-09-00473-CR.

327 S.W.3d 907 (2010)

Albert FOLEY, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

December 21, 2010.


Attorney(s) appearing for the Case

Philip J. Hundl , Wadler, Perches, Hundl & Kerlick, Wharton, for Appellant.

Josh McCown , Dist. Atty., Wharton, Robinson C. Ramsey , Langley & Banack, San Antonio, for Appellee.

Before Justices YAÑEZ, GARZA, and BENAVIDES.


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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