David Sawyer v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00450-CR

David Allen Sawyer, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 421ST JUDICIAL DISTRICT

NO. 2005-151, HONORABLE TODD A. BLOMERTH, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

We overrule Sawyer's motion for rehearing, withdraw our opinion and judgment issued August 20, 2008, and substitute the following in its place.

Appellant David Sawyer was indicted for driving while intoxicated (DWI), enhanced by two prior DWI convictions, a third-degree felony. See Tex. Penal Code Ann. § 49.04(a)…