Legal Opinion

State of Texas v. Morgan, Mark Hamilton

Court of Criminal Appeals of Texas

Decided May 5, 2004No. PD-1083-03Published

1Opinion of the Court 1

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 1083-03

THE STATE OF TEXAS

v.

MARK HAMILTON MORGAN, Appellee

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS

MONTGOMERY COUNTY

2Opinion of the Court · KeaslerKeasler, J.

Keller, P.J., concurred in the result.

O P I N I O N

The State charged Mark Hamilton Morgan with DWI and alleged a prior DWI conviction. Before trial, the State requested the judge to treat the information as alleging a Class A misdemeanor under Penal Code § 49.09. The judge instead ruled that he would treat it as charging a Class B misdemeanor with an enhancement allegation pursuant to Penal Code §…

3Cases cited7 opinions

  1. State v. MorenoCourt of Criminal Appeals of Texas · 1991
  2. Ex Parte RathmellCourt of Criminal Appeals of Texas · 1986
  3. State v. MullerCourt of Criminal Appeals of Texas · 1992
  4. State v. RosenbaumCourt of Criminal Appeals of Texas · 1991
  5. State v. Moreno, Texas Court of Appeals, 13th District1989

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