Legal Opinion

Danny Dale Posey v. State

Texas Court of Appeals, 2nd District (Fort Worth)

Decided December 23, 2010No. 02-10-00039-CRPublished

1Opinion of the Court

02-10-039-CR

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-10-00039-CR

Danny Dale Posey

APPELLANT

V

The State of Texas

STATE

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FROM County Criminal Court No. 2 OF Denton COUNTY

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MEMORANDUM OPINION[1]

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Appellant Danny Dale Posey appeals his conviction and sentence for driving while intoxicated (DWI). We reverse and remand for a new punishment hearing.

Appellant pled guilty to an information charging him with class B misdemeanor DWI, and he pled “not true” to an alleged prior DWI conviction that, if proved, raised the offense level to class A. See Tex. Penal Code Ann.…

2Cases cited5 opinions

  1. Ex Parte SerratoCourt of Criminal Appeals of Texas · 1999
  2. Taylor v. StateCourt of Criminal Appeals of Texas · 1977
  3. Ex Parte SmithCourt of Criminal Appeals of Texas · 1973
  4. Nixon v. State, Texas Court of Appeals, 7th District (Amarillo)2004
  5. Gonzales v. StateCourt of Criminal Appeals of Texas · 2010

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