Driving While Intoxicated Case Law Update - Texas District ...

4. WRONG CHARGING INSTRUMENT ALLEGED
Hallv. State, 619 S.W.2d 156 (Tex.Crim.App. 1980).
Where enhancement alleged that prior arose out of "indictment" when it in fact arose out of an
"information" was held not to be a fatal variance.
G. APPEAL OF REVOKED DWI DOESN'T BAR ITS USE FOR ENHANCEMENT
State v. Camacho ,827 S.W.2d 443(Tex.App.-San Antonio 1992, no pet.).
DWI revocation being appealed doesn't bar its use fo enhance DWIto felony.
H. FELONY DWI
1. ORDER OF ENHANCEMENTS
Streff v. State, 890 S.W.2d 815 (Tex.App.-Eastland 1994, pet. ref'd).
Peck v. State, 753 S.W.2d 811 (Tex.App.-Austin 1988, pet. ref'd).
Prior DWI's convictions used to enhance case fo felony need not be sequential.
2. UNDERLYING DWI PRIORS ARE ADMISSIBLE IN GUILT/INNOCENCE
STAGE
Barfield v. State, 63 S.W.3d 446 (Tex.Crim.App. 2001).
Maibauer v. State, 968 S.W.2d 502 (Tex.App.-Waco 1998, pet. ref'd).
Will v. State ,794 S.W .2d 948 (Tex.App.-Houston [1st Dist.] 1990, pet. ref'd).
Addinoton v. State, 730 S.W.2d 788, 789-90 (Tex.App.-Texarkana, pet. ref'd).
Freeman v. State, 733 S.W.2d 662,663-64 (Tex.App.-Dallas 1987, pet. ref'd).
State v. Wheeler, 790 S.W.2d 415 (Tex.App.-Amarillo 1990, no pet.).
Defendant's prior DWI convictions were jurisdictional elements of the offense of felony DWl. Thus,
fhose convictions were properly part of sfafeb proof at guilt stage of trial.
3. DEFENDANT'S AGREEMENT TO STIPULATE TO PRIORS DOES
PRECLUDE THEIR BEING ADMITTED
Hernandez v. State, 109 S.W.3d 491(Tex.Crim.App. 2003).
Smith v. State, 12 S.W.3d 149 (Tex.App.-El Paso 2000, pet. ref'd).
Tamez v. State, 11 S.W.3d 198 (Tex.Crim.App.2000).
lf a defendant stipulatestotwo prior convictions, the State may read the indictment atthe beginning
' of the trial mentioning the two prior convictions but may not give any evidence of them during trial.
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