Mann v. State

DAVIS, Justice (Retired).

Appellant’s motion for rehearing is granted. The opinion and judgment dated December 16,1999, are withdrawn.

A jury found appellant guilty of felony driving while intoxicated (DWI). See Tex.Penal Code Ann. §§ 49.04(a), .09(b) (West Supp.2000). Also, an affirmative finding was made on appellant’s use of a deadly weapon. Punishment, enhanced by two prior felony convictions, was assessed by the jury at confinement for fifty years. Appellant asserts six points of error, contending that error occurred in the trial court because: (1) the jury finding of a deadly weapon in a…