Weaver v. State

Opinion by

Chief Justice CORNELIUS.

Steven Weaver appeals from his conviction for felony driving while intoxicated. The jury assessed his punishment at thirty-nine years’ imprisonment. He contends that the evidence is factually and legally insufficient to support the verdict.

Weaver was charged by indictment with driving while intoxicated. The indictment alleged that Weaver had been convicted previously of two offenses, one on August 10, 1990, and one on January 17, 1984. The jury charge did not contain any language authorizing the jury to find Weaver guilty of any lesser offense, such as…