Lawson v. State

Steele Hays, Justice.

The question is whether our DWI enhancement statute can be coupled with our general habitual offender statute for sentencing on the same offense.

Appellant, David Lawson was charged with driving while intoxicated, and on March 18,1987 was tried by a jury and found guilty. At the time of trial Lawson had at least three prior DWI offenses within three years of the DWI for which he was charged, and at least four prior felony convictions not related to DWI. The exact numbers are not in issue.

The court allowed the jury to set Lawson’s sentence by applying both the DWI…