Botley v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated as a second offender the punishment, two years in the Department of Corrections.

Appellant’s sole contention is that the evidence is insufficient to support the conviction as a felony offense, He contends that the State failed to prove either of the two prior misdemeanor convictions for driving while intoxicated, which were alleged for jurisdictional purposes, because the State did not show that appellant had been sentenced in either of these alleged convictions. 1

The maximum possible punishment for misdemeanor driving while…