Smith v. State

OPINION

in which PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

When a defendant stipulates to the two prior convictions necessary to establish the predicate for felony DWI, can an appellate court properly hold the evidence legally insufficient on the ground that one of the prior convictions is too remote in time and the record contains no evidence of an intervening conviction? We hold that the answer is “no” and reverse the judgment of the Court of Appeals.

I. BACKGROUND

A. Trial

Appellant and the State stipulated to the two prior convictions needed to raise a Driving While…