Gibson v. State

OPINION

DAVID F. FARRIS, Justice (Assigned).

The issue in this case is whether David Hill Gibson’s two prior convictions that arose from the same criminal transaction and were tried together were sufficient to enhance his present DWI charge to a third degree felony under section 49.09(b) of the penal code. Tex. Penal Code Ann. § 49.09(b) (Vernon Supp.1998). We hold that they were and affirm Gibson’s conviction.

Gibson was charged with driving while intoxicated under section 49.04 of the penal code, enhanced by two prior convictions for involuntary manslaughter. Tex. Penal Code Ann. § 49.04…