Phifer v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellant was convicted by a jury of driving while intoxicated 1 after having previously been convicted of driving while intoxicated at least twice. Finding that appellant was a habitual offender, the jury assessed punishment at 45 years in the Texas Department of Corrections. 2 This conviction was reversed by the Dallas Court of Appeals in an unpublished opinion, No. 05-88-080-CR delivered April 26, 1989. We will reverse the Court of Appeals.

The State’s petition was granted to determine whether punishment for a felony driving…