Troy A. Bowley v. State

Opinion

BRIAN QUINN, Chief Justice.

Troy A. Bowley was convicted of felony DWI. He claims on appeal that his conviction should be reversed because 1) he received ineffective assistance of counsel, and 2) the trial court erred in not instructing the jury to disregard comments from the prosecutor about plea negotiations or granting a mistrial. We reverse.

Ineffective Assistance of Counsel

DWI is elevated to a third degree felony if the defendant has two prior DWI convictions. Tex. Pen.Code Ann. § 49.09(b) (Vernon Supp.2008). Proof of the two prior convictions is an element of the offense which must…