Perry v. State

OPINION

On February 5, 1989, appellant Timothy Wayne Perry was arrested for driving under the influence of alcohol (DUI). This was Perry’s third arrest for DUI. At the time of his arrest, Perry stated to James McKowan, the arresting officer, that he had only two first-offense DUI convictions and that he had never received a second-offense DUI conviction. After a jury trial, appellant was found guilty of driving under the influence of alcohol. At the sentencing phase, Perry testified that the justice of the peace, in the second DUI trial, advised him that if he pleaded guilty, the charge would…