Fernando Castillo v. State

ABOUSSIE, Chief Justice.

A jury found appellant guilty of the offense of felony driving while intoxicated (DWI). See Tex. Pen.Code Ann. §§ 49.04, .09(b) (West Supp.2001). The jury found allegations of other felony offenses alleged in the indictment true and assessed punishment at forty-five years in prison. Raising one issue, appellant contends that the evidence was legally insufficient to support the felony DWI conviction. We will sustain this contention, reform the judgment, and remand the cause to the district court for a new sentencing hearing.

The issue presented in this appeal is whether…