Legal Opinion

Jimenez v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided September 23, 1998No. 04-97-00365-CRPublishedCited by 15 opinions

1Opinion of the Court

OPINION

LÓPEZ, Justice.

Pedro Jimenez was tried by jury and convicted of the felony offense of driving while intoxicated (DWI). Jimenez was sentenced to five years in jail. In this appeal, Jimenez raises five issues to challenge his conviction.

Normally, the offense of DWI is a misdemeanor offense, see Tex. Penal Code § 49.04 (Vernon 1994 & Supp.1998); but where the State proves that the defendant “has previously been convicted two times of an offense relating to the operating of a motor vehicle while intoxicated,” the offense is classified as a third degree felony, see Tex. Penal Code §…

Also in this document: Concurring in the judgment.

2Cases cited7 opinions

  1. Almanza v. StateCourt of Criminal Appeals of Texas · 1985
  2. Williams v. State, Texas Court of Appeals, 10th District (Waco)1997
  3. Chavez v. StateCourt of Criminal Appeals of Texas · 1992
  4. Archie v. StateCourt of Criminal Appeals of Texas · 1981
  5. Langston v. StateCourt of Criminal Appeals of Texas · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Flores v. State, Texas Court of Appeals, 6th District (Texarkana)2004
  2. Barfield v. State, Texas Court of Appeals, 14th District (Houston)1999
  3. Weaver v. State, Texas Court of Appeals, 6th District (Texarkana)2001
  4. Fernando Castillo v. State, Texas Court of Appeals, 3rd District (Austin)2001
  5. Jeffrey Mark Wesley v. State, Texas Court of Appeals, 10th District (Waco)1999

10 more not listed; retrieve them via the Exa API.

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