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

a violation of the ex posf facto law. In rejecting that argument that court held that the previous
version of the law that restricted the use of priors was "not an explicit guarantee that those
convictions could not be used in the future, but only a restriction on what prior convictions could be
used fo enhance an offense at that time." As a result, changing the statute did not increase
defendant's punishment for his prior conviction and did not violate his right of protection against ex
post facto laws.
O. JUDGE MAY NOT TERMINATE OR SET ASIDE DWI PROBATION EARLY
In re State of Texas Ex Rel. Steve C. Hilbiq, 985 S.W.2d 189 (Tex.App.-San Antonio, 1998, no
pet.).
Judge had no authority to terminate and set aside felony DWI probations early - writ of prohibition
granted by the Court of Appeals.
R. INTRODUCED JUDGMENT AND SENTENCE PRESUMED PROPER
1. NO WAIVER OF RIGHT TO JURY TRIAL
Battle v. State, 989 S.W.2d 840 (Tex.App.-Texarkana 1999, no pet.).
Where State introduced copies of judgments which were silent as to waiver of a jury trial, the Court
held that the priors were properly admitted as fhe 'Tegularity of the conviction was presumed
unless...(the defendant) affirmatively showed that he did not waive his right to a jury trial.
2. IN THE ABSENCE OF JUVENILE TRANSFER ORDER
Johnson v. State, 725 S.W.2d 245 (Tex.Crim.App. 1987).
State offered a proper judgment and sentence and defendant challenged the lack of documentation
of a proper transfer from juvenile giving district court jurisdiction. The defendant fails to offer any
evidence that there was no transfer. The Court spe//s out the rule as regards priors as follows:
"Once the State properly introduced a judgment and sentence and identifies appellant with them,
we must presume regularity in the judgments. The burden then shifts to the defendant, who must
make an affirmative showing of any defect in the judgment, whether that be to show no waiver of
indictment or no transfer order."
S. PROBATED DWI CONVICTIONS UNDER 6701L MAY BE USED TO ENHANCE
NEW DWl OFFENSES
Ex Parte Serrato, 3 S.W.3d 41 (Tex.Crim.App.1999).
The Court points out that the relevant penalty enhancement provision [49.09(b)] provides: when
it is shown on the trial of an offense under Secfion 49.04 that the person has previously been
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