State v. Celaya

Opinion

BRIAN QUINN, Chief Justice.

The State of Texas appeals from an order granting the motion of Ustacio Cela-ya to quash the indictment issued against him. Through the motion, Celaya asserted that the indictment was defective because one of the prior convictions used to enhance the underlying charge of driving while intoxicated to the level of a felony was too remote. The trial court agreed. The State now argues that the decision of the trial court was incorrect. Neither conviction was too remote according to the provisions of § 49.09(e) of the Texas Penal Code, it posits. 1 We overrule the…