Legal Opinion

Hollen v. State

Court of Criminal Appeals of Texas

Decided September 10, 2003No. 1592-02PublishedCited by 95 opinions

1Opinion of the Court

OPINION

This is a felony DWI (driving while intoxicated) case in which the defendant stipulated to the two prior DWI convictions necessary to establish felony jurisdiction. We granted review to determine whether the State is precluded from informing the jury, during the guilt phase of trial, of the defendant's stipulation. We conclude that the State may so inform the jury.

1. BACKGROUND

Appellant was indicted for felony DWI. The indictment included allegations of two prior DWI convictions.1 Appellant offered to stipulate to the two prior convictions pursuant to Tamez v. State.2 The State and the…

2Cases cited4 opinions

  1. Old Chief v. United StatesSupreme Court of the United States · 1997
  2. Tamez v. StateCourt of Criminal Appeals of Texas · 2000
  3. Robles v. StateCourt of Criminal Appeals of Texas · 2002
  4. Hollen v. StateCourt of Appeals of Texas · 2002

3Cited by95 opinions

  1. Martin v. StateCourt of Criminal Appeals of Texas · 2006
  2. Brennan v. State, Texas Court of Appeals, 5th District (Dallas)2009
  3. Donald v. StateCourt of Appeals of Texas · 2018
  4. Lewis v. State, Texas Court of Appeals, 10th District (Waco)2006
  5. Davila v. State, Texas Court of Appeals, 8th District (El Paso)2009

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