Legal Opinion

State v. Duke

Court of Appeals of Texas

Decided October 11, 2001No. 2-99-167-CRPublishedCited by 9 opinions

1Opinion of the Court

DAVID L. RICHARDS, Justice.

OPINION ON REHEARING

We withdraw our opinion and judgment dated July 13, 2000, and substitute the following. The State appeals the trial court’s order setting aside a felony indict ment against appellee Timothy Paul Duke. We will reverse the trial court’s order.

The procedural history of the issue presented in this appeal is somewhat complex. Appellee was charged by indictment with the offense of driving while intoxicated (DWI). Two prior felony DWI convictions were alleged: Denton County case numbers F-91-118-E and F-95-410-E (the Denton cases). In addition, the…

2Cases cited9 opinions

  1. Custis v. United StatesSupreme Court of the United States · 1994
  2. Daniels v. United StatesSupreme Court of the United States · 2001
  3. Taylor v. StateCourt of Criminal Appeals of Texas · 1996
  4. Ex Parte DoppsCourt of Criminal Appeals of Texas · 1986
  5. McFarland v. StateCourt of Criminal Appeals of Texas · 1999

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Brockway v. StateCourt of Appeals of Alaska · 2001
  2. State v. LE RICHARDSON, Texas Court of Appeals, 2nd District (Fort Worth)2011
  3. Andrew Tran v. State, Texas Court of Appeals, 2nd District (Fort Worth)2012
  4. Andrew Tran v. State, Texas Court of Appeals, 2nd District (Fort Worth)2012
  5. Leslie Robert Schulz v. the State of Texas, Texas Court of Appeals, 5th District (Dallas)2021

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