State v. Russell Howard Cooley

OPINION

J. BRETT BUSBY, Justice.

Appellee Russell Howard Cooley was charged by information with Class A misdemeanor driving while intoxicated (DWI); a single enhancement paragraph incorporated appellee’s prior DWI conviction. Appellee pleaded guilty to the charged offense and the trial court sentenced him to a $2,000 fine but no period of confinement. The State appeals appellee’s sentence on the ground that Texas Penal Code section 49.09(a) mandates a minimum sentence of 30 days’ confinement upon conviction of a second DWI. We agree and vacate the sentence imposed.

Background

Appellee was…