Legal Opinion

Phillips v. State

Court of Criminal Appeals of Texas

Decided May 26, 1999No. 731-98PublishedCited by 18 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · WomackWomack, J.

The Appellant was convicted of driving while intoxicated (DWI), a felony. DWI is a felony only “if it is shown ... that the person has previously been convicted two times of an offense relating to the operating of a motor vehicle [or an aircraft or a watercraft] while intoxicated.” Penal Code § 49.09(b). Felony DWI is a felony of the third degree (ibid,.), which is punishable by imprisonment for not more than 10 years or less than 2 years and a fine not to exceed $10,000 (id., § 12.34).

The indictment of the appellant for felony DWI alleged four prior DWI convictions. These DWI…

3Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hernandez v. StateCourt of Criminal Appeals of Texas · 1999
  3. Jones v. StateCourt of Criminal Appeals of Texas · 1990
  4. Phifer v. StateCourt of Criminal Appeals of Texas · 1990
  5. Phillips v. State, Texas Court of Appeals, 10th District (Waco)1998

4Cited by18 opinions

  1. State v. WebbCourt of Criminal Appeals of Texas · 2000
  2. Rodriguez v. State, Texas Court of Appeals, 4th District (San Antonio)2000
  3. Foster v. State, Texas Court of Appeals, 10th District (Waco)1999
  4. Carroll v. State, Texas Court of Appeals, 1st District (Houston)2001
  5. Gowan v. StateCourt of Appeals of Texas · 2000

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