Legal Opinion
Perez v. State
Court of Appeals of Texas
Decided December 19, 2002No. 2-02-084-CRPublishedCited by 8 opinions
1Opinion of the Court
OPINION
JOHN CAYCE, Chief Justice.
Ernest R. Perez, Jr. appeals from his conviction for felony driving while intoxicated (DWI). In two points, he contends the State improperly used a prior misdemeanor conviction to enhance both the charged offense from a misdemeanor to a felony and his punishment, and his trial counsel was ineffective for not objecting to this fundamental defect in the indictment. We will affirm.
The indictment alleges that appellant committed felony DWI by driving while intoxicated and having been twice before convicted of DWI. See Tex. Penal Code Ann. § 49.09(b)(2) (Vernon…
2Cases cited6 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Curry v. StateCourt of Criminal Appeals of Texas · 1995
- Garcia v. StateCourt of Criminal Appeals of Texas · 1994
- Gibson v. StateCourt of Criminal Appeals of Texas · 1999
- Sullivan v. State, Texas Court of Appeals, 5th District (Dallas)1999
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Harris v. State, Texas Court of Appeals, 14th District (Houston)2006
- Ex Parte Randy Serrato, Texas Court of Appeals, 2nd District (Fort Worth)2012
- Charles A. Ewing v. State, Texas Court of Appeals, 2nd District (Fort Worth)2006
- Charles A. Ewing v. State, Texas Court of Appeals, 2nd District (Fort Worth)2006
- Ex Parte Randy Serrato, Texas Court of Appeals, 2nd District (Fort Worth)2012
3 more not listed; retrieve them via the Exa API.