State v. Kindred

OPINION

NYE, Chief Justice.

The State appeals from an order granting appellee’s “MOTION TO QUASH ENHANCEMENT COUNTS.” The State thrice indicted appellee, Charles Monroe Kindred, in cause nos. 88-5-7757, 89-1-7841, and 88-9-7797 for the same felony offense of driving while intoxicated. Tex. Rev.Civ.Stat.Ann. art. 6701i-l(e) (Vernon Supp.1989). The indictments allege that prior to the primary offense date of May 6, 1988, appellee was twice convicted of driving while intoxicated. The trial court’s order struck these prior convictions.

By its sole point of error, the State complains that the trial…