State v. Wheeler

POFF, Justice.

Appellee Tommy Lloyd Wheeler was indicted for felony driving while intoxicated, an offense denounced by Tex.Rev.Civ.Stat. Ann. art. 6701/-l(e) (Vernon Supp.1990). He moved to prohibit the State from reading or proving the enhancement para graphs of the indictment during the guilt-innocence stage of trial on the grounds that knowledge of the enhancement paragraphs would unfairly bias the jury. By a single point of error, the State contends that the trial court erred in granting his motion.

Appellee has moved to dismiss this appeal on the grounds that the trial court’s order was…