Hernandez v. State

The question is whether the trial court erred in a felony DWI case by denying the appellant’s motion in limine to prevent the State from mentioning the nature of the prior DWI convictions that were alleged in the indictment, an offer that was coupled with his offer to stipulate to the validity of those allegations. The court of appeals held that the ruling was error. This issue was unresolved in 1998, when the appellant was convicted. Since then we have addressed the issue in two cases. One was Tamez v. State, 1 in which we wrote:

Appellant was arrested and indicted for the offense of driving…