Walker v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction of driving while intoxicated, subsequent offense. A jury found the appellant guilty and the court assessed the penalty at two years.

Appellant contends that the trial court erred in allowing the use of a prior misdemeanor conviction as an element of the offense in that said judgment and sentence were void because appellant was not represented by counsel, was indigent, and did not waive right to counsel in that proceeding.

The Supreme Court of the United States held: “Absent a knowing and intelligent waiver, no person may be imprisoned…