Rivera v. State

*637OPINION ON MOTION FOR REHEARING

YANEZ, Justice.

We withdraw our original opinion in this case. This is now the opinion of the Court. After pleading guilty, appellant, Reymundo Sanchez Rivera, was convicted of third-degree felony driving while intoxicated. Tex. Penal Code Ann. §§ 49.04(a), 49.09(b) (Vernon Supp.1997).1 On the basis of the charge, the court enhanced appellant’s punishment under the habitual felony provision and sentenced him to thirty-five years in the Texas Department of Criminal Justice, Institutional Division. Tex. Penal Code Ann. § 12.42(d)(1) (Vernon Supp.1997).2 By five…