Smola v. State

This is an appeal from an order revoking probation. Appellant was placed on probation following his conviction for driving while intoxicated, subsequent offense. 1979 Tex.Gen. Laws, ch. 682, § 4 at 1609 [Tex.Rev.Civ.Stat. art. 6701Z-2, since repealed]. The punishment is imprisonment for three years.

In his only point of error, appellant collaterally attacks the judgment of conviction on the ground that the previous misdemeanor conviction for driving while intoxicated used to raise the subsequent offense to a felony was based on a fundamentally defective information. Before reaching the merits…