Legal Opinion

Maibauer v. State

Texas Court of Appeals, 10th District (Waco)

Decided July 15, 1998No. 10-97-192-CRPublishedCited by 33 opinions

1Opinion of the Court

OPINION

DAVIS, Chief Justice.

A jury convicted Appellant Gregory James Maibauer of felony driving while intoxicated. See Tex. Pen.Code Ann. § 49.09(b) (Vernon Supp.1998). Maibauer pled true to a prior felony DWI conviction alleged for general enhancement purposes, and the jury sentenced him to fifteen years’ confinement and a $5,000 fine. See id. § 12.42(a)(3) (Vernon Supp.1998).

Maibauer presents three issues in which he claims: (1) the State improperly used a prior felony DWI conviction under the general enhancement provisions of the Penal Code; (2) the admission of his other prior DWI…

2Cases cited23 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Old Chief v. United StatesSupreme Court of the United States · 1997
  3. King v. StateCourt of Criminal Appeals of Texas · 1997
  4. Cantu v. StateCourt of Criminal Appeals of Texas · 1997
  5. State v. MorenoCourt of Criminal Appeals of Texas · 1991

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

3Cited by33 opinions

  1. Gibson v. StateCourt of Criminal Appeals of Texas · 1999
  2. Zimmer v. State, Texas Court of Appeals, 4th District (San Antonio)1999
  3. State v. BallSupreme Court of Louisiana · 1999
  4. Jones v. State, Texas Court of Appeals, 5th District (Dallas)2003
  5. Horton v. State, Texas Court of Appeals, 10th District (Waco)1999

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

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