Court of Criminal Appeals of Texas
State of Texas v. Wilson, PD-0008-09
Court of appeals' affirmance of trial court's grant of defendant's request for habeas relief from his 1987 conviction for driving while intoxicated is affirmed where: 1) the use of the 1983 enhancement to elevate defendant's misdemeanor offense to a felony was improper, as a prior conviction may not be used as an enhancement if the conviction was not final and, until January 1, 1084, a DWI conviction on which the sentence was probated and the probation was never revoked, was not deemed final; and 2) the court of appeals correctly explained that defendant is not estopped from challenging the evidence pertaining to the prior DWI convictions that were used to enhance the misdemeanor offense to a felony.
Appellate Information
- Decided 11/10/2010
- Published 11/10/2010
Judges
Court
- Court of Criminal Appeals of Texas