Summers v. State

OPINION

Opinion by Justice CARTER.

Charles Clinton Summers was charged by indictment with driving while intoxicated (DWI) on or about November 15, 2003. The indictment further alleged that, before the commission of that offense, Summers had been convicted of DWI on June 8, 1988, and February 9, 2001, enhancing the charge to a third-degree felony. Evidence that Summers had also been previously convicted of DWI in 1993 was introduced outside the presence of the jury. After the close of the State’s evidence, Summers filed a motion for directed verdict, arguing the June 8, 1988, conviction was too…