Legal Opinion

State v. Morgan

Court of Criminal Appeals of Texas

Decided May 5, 2004No. 1083-03PublishedCited by 25 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

The State charged Mark Hamilton Morgan with DWI and alleged a prior DWI conviction. Before trial, the State requested the judge to treat the information as alleging a Class A misdemeanor under Penal Code § 49.09. The judge instead ruled that he would treat it as charging a Class B misdemeanor with an enhancement allegation pursuant to Penal Code § 12.43. The State appealed this pretrial ruling. We find no jurisdiction for the State’s appeal.

Facts and Procedural History

The State’s information charged Morgan with driving while intoxicated on September 5, 2002. In a separate paragraph,…

3Cases cited7 opinions

  1. State v. MorenoCourt of Criminal Appeals of Texas · 1991
  2. Ex Parte RathmellCourt of Criminal Appeals of Texas · 1986
  3. State v. MullerCourt of Criminal Appeals of Texas · 1992
  4. State v. RosenbaumCourt of Criminal Appeals of Texas · 1991
  5. State v. Moreno, Texas Court of Appeals, 13th District1989

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

4Cited by25 opinions

  1. Gutierrez v. StateCourt of Criminal Appeals of Texas · 2010
  2. State v. StanleyCourt of Criminal Appeals of Texas · 2006
  3. State v. Robert Louis Rosseau, Texas Court of Appeals, 4th District (San Antonio)2011
  4. State v. Russell Howard Cooley, Texas Court of Appeals, 14th District (Houston)2013
  5. State v. LE RICHARDSON, Texas Court of Appeals, 2nd District (Fort Worth)2011

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

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