Mann v. State

OPINION

in which KELLER, P.J., and WOMACK, KEASLER, and HERVEY, JJ., joined.

The question presented in this case is whether Texas law authorizes a deadly weapon finding in a prosecution for driving while intoxicated (DWI), third offense. We hold that it does.

A Williamson County grand jury indicted appellant, Edwin Harris Mann, for driving while intoxicated, third offense. See Tex. Pen.Code § 49.09(b). The case went to trial before a petit jury. At the guilt/innocence stage of trial, the State presented evidence that on February 14, 1997, appellant drove an automobile through downtown Round Rock…