State v. Patrick Wayne Verhoeven

OPINION

BOB McCOY, Justice.

I.INTRODUCTION

In a single point, the State of Texas challenges the trial court’s grant of appel-lee Patrick Wayne Verhoeven’s (‘Verhoe-ven”) motion to quash the jurisdictional enhancement count of his felony driving while intoxicated (“DWI”) indictment. The State complains that the trial court erred in granting the motion based on the finding that Verhoeven’s 1984 DWI conviction did not qualify for enhancement use under section 49.09. Tex. Penal Code Ann. § 49.09 (Vernon Supp.2004-05). We affirm.

II.Factual and Procedural Background

Verhoeven was indicted for DWI,…