Hocutt v. State

OPINION

BRIGHAM, Justice.

Appellant Cindy Marie Hocutt was convicted by a jury of felony driving while intoxicated with two previous convictions. The jury then assessed punishment at confinement in the Institutional Division for the Texas Department of Criminal Justice for ten years. Hocutt brings three points of error, all of which pertain to the State’s decision to seek a deadly weapon finding. Because we find that the State did not provide adequate notice of its intent to seek the special finding, we affirm the conviction but reverse and remand for new trial on punishment.

BACKGROUND

Hocutt,…