Court of Criminal Appeals of Texas

When a defendant offers to stipulate to the two jurisdictional prior DWI convictions in a felony DWI trial: 1) the jury charge must include some reference to the jurisdictional element of two prior DWI convictions in a felony DWI trial; 2) the jury charge must include some reference to the defendant's stipulation and its legal effect of establishing the jurisdictional element; and 3) any error in failing to include, in the jury charge, some reference to the jurisdictional element and the stipulation is analyzed under Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985).

Appellate Information

• Decided 06/28/2006
• Published 06/28/2006

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Bill Burnett, Coldspring, for Appellant., Brian M. Bartko, Assistant Criminal District Atty., Coldspring, Matthew Paul, Stat's Atty., Austin, for State.