Elliot v. State

By filing the stipulation and motion to suppress, appellant effectively sought, during the guilt-innocence phase of trial, (1) to stipulate to appellant’s prior jurisdictional DWI convictions in lieu of the State presenting evidence of them; and (2) to obtain an order from the trial court excluding any mention or introduction of evidence of these convictions, which necessarily included any mention of the stipulation itself or any reading to the jury of the enhancement allegations of the indictment regarding appellant’s prior convictions.

A balance must be struck between article 36.01(a)(1) of…