Spaulding v. State

OPINION

HUTSON-DUNN, Justice.

The appellant, Stan Dean Spaulding, was indicted for felony driving while intoxicated (“D.W.I.”). See Tex.Penal Code Ann. § 49.09(b) (Vernon 1994) (D.W.I. is a third degree felony if State proves that defendant has previously been convicted twice of an offense relating to driving or operating a motor vehicle while intoxicated). Appellant plead guilty to the first paragraph of the indictment, which alleged that he operated a motor vehicle while intoxicated on the occasion in question. However, the trial court found appellant guilty of felony D.W.I. after examining…