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STATE v. COOLEY

No. 14-12-00499-CR.

401 S.W.3d 748 (2013)

The STATE of Texas, Appellant v. Russell Howard COOLEY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

May 2, 2013.

Attorney(s) appearing for the Case

Melissa Hervey , Houston, for Appellant.

Kelly W. Case , Conroe, for Appellee.

Panel consists of Chief Justice HEDGES and Justices BROWN and BUSBY.

OPINION

J. BRETT BUSBY, Justice.

Appellee Russell Howard Cooley was charged by information with Class A misdemeanor driving while intoxicated (DWI); a single enhancement paragraph incorporated appellee's prior DWI conviction. Appellee pleaded guilty to the charged offense and the trial court sentenced him to a $2,000 fine but no period of confinement. The State appeals appellee's sentence on the ground that Texas Penal Code section 49.09(a) mandates a minimum...

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