Welch v. State Ex Rel. Long

RAMEY, Chief Judge.

The Appellant, Rains County Constable Robert W. Welch (“Welch”), challenges a judgment removing him from office in a quo warranto action brought by the State of Texas, through Frank Long, District Attorney for the Eighth Judicial District. We will affirm the judgment.

In 1980 Welch entered a plea of guilty to a felony charge of Driving While Intoxicated— Subsequent Offense. Welch had, at such time, a prior misdemeanor conviction for driving while intoxicated, which was then sufficient to make the second offense a felony. Tex.Rev.Civ.StatANN. art. 6701Z-2, (Vernon, 1977)…