Waters v. State

OPINION

LEE GABRIEL, Justice.

I. Introduction

Appellant William Berry Waters, III, appeals his sentence for felony driving while intoxicated (DWI), contending in five points that the prosecutor’s remarks during closing argument at the punishment phase warrant a new punishment hearing. We affirm.

II. Background

The indictment charging Appellant with felony DWI included an enhancement paragraph alleging that he had a prior felony DWI conviction, and a habitual offender paragraph alleging that he had still another prior conviction for felony DWI. After the jury returned a guilty verdict in the…