State v. Pieper

OPINION

JOHN S. ANDERSON, Justice.

The State of Texas, appellant, charged appellee, James Roger Pieper, with driving while intoxicated (“DWI”) and sought to enhance the charge to the felony level by alleging that appellee had been convicted of DWI twice before. Appellee filed a motion to quash the indictment on the grounds that the State’s attempt to enhance the charge to a felony amounted to an unconstitutional ex post facto application of Texas’s habitual DWI offender statute. The trial court granted appellee’s motion and quashed the indictment. We reverse and remand.

Factual and ProceduRal…