Freeman v. State

Thomas, Justice.

This appeal is from a felony conviction for the offense of driving while intoxicated (DWI) for which Freeman was assessed a one year probated sentence and a fine of $750.00. Freeman contends that the indictment failed to allege a jurisdictional element; namely, that one of the prior convictions alleged for enhancement purposes was committed within ten years of the primary offense. We disagree, and affirm the judgment of the trial court.

Freeman was indicted in September of 1985 for his third DWI offense. In order to elevate the offense from a misdemeanor to a felony, the two…