Schmidt v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

In May 2002, the State charged Christopher Schmidt with one count of Operating a Vehicle While Intoxicated ("OWI"), as a Class A misdemeanor, and one count of OWI, as a Class C misdemeanor. By separate information, the State charged Schmidt with two counts of OWI, both as Class D felonies, based on a prior OWI conviction. In the first part of Schmidt's bifurcated trial, the jury found him guilty of OWI, as a Class A misdemeanor, and OWI, as a Class C misdemeanor. Schmidt waived his right to a jury trial on the enhancement phase, and the trial court…