Smith v. State

Once again, I cannot agree to reverse a conviction because of something the defendant wanted. See Bryant v. State, No. 10-01-00280-CR, 135 S.W.3d 130, 2004 Tex.App. Lexis 2326 (Waco March 10, 2004, no pet. h.) (Gray, C.J., dissenting).

Smith stipulated to two prior DWI convictions. On the record, he admitted that by signing the stipulation, the State did not have to prove up the convictions and he would avoid discussion of his other priors. The State offered the stipulation of those convictions into evidence. Smith specifically stated, ‘We have no objection to the stipulation.” The stipulation…