Getts v. State

COCHRAN, J.,

filed a dissenting in which KELLER, P.J. and MEYERS, J., joined.

I respectfully dissent. “Our constitutional duty, of course, is to effectuate what *159the Legislature intended when it enacted the statute.”1 It is beyond peradventure that the Texas Legislature did not intend to enact any dramatic substantive changes to the felony DWI enhancement statute in its 2001 amendment. The infelicitous language found in the amendment to section 49.09(e) of the Texas Penal Code is a drafting mistake and the result of a last-minute floor amendment which promised “no substantive change” in the law.…