Bowley v. State

HOLCOMB, J.,

filed a dissenting opinion, in which MEYERS, PRICE, and JOHNSON, JJ., joined.

I respectfully dissent. I think the majority has misanalyzed this case and reached the wrong result. Before I explain my view in detail, allow me to first review the relevant facts.

On November 27, 2007, a Lubbock County grand jury returned an indictment charging Troy A. Bowley with felony driving while intoxicated (DWI). See Tex. Pen.Code § 49.04. For purposes of offense enhancement, the indictment alleged that Bowley had two prior DWI convictions, one in Hockley County and one in Terry County. See Tex.…