State v. Mewbourn

HADDEN, Justice.

Appellee Clint Randall Mewbourn (“Mewbourn”) was indicted for the offense of felony driving while intoxicated pursuant to Tex. Pen.Code Ann. § 49.09(b) (Vernon Supp.1999). Section 49.09(b) provides that the offense of driving while intoxicated is a third degree felony if the person has two prior convictions for operating a motor vehicle while intoxicated. The indictment indicated that Mewbourn had two prior convictions for driving while intoxicated.

Prior to voir dire, Mewbourn presented his motion in limine to the trial court. The State objected to a point within the motion…