Martin v. State

OPINION

in which KELLER, P. J., PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and HOLCOMB, JJ., joined.

A jury convicted appellant of felony Driving While Intoxicated (DWI). Appellant argues that — although he had stipulated to two prior DWI convictions before trial and asked that the prosecutor be forbidden from reading either the jurisdictional indictment paragraphs or the stipulation to the jury — the court’s charge should have required the jury to find that he had two prior DWI convictions before it could convict him of felony DWI. The court of appeals rejected this claim and found no error in…