Tamez v. State

in which MEYERS, MANSFIELD, HOLLAND, WOMACK and JOHNSON, JJ., joined

Appellant was arrested and indicted for the offense of driving while intoxicated (“DWI”). See Tex. Penal Code Ann. § 49.09(b) (West Supp.1999). Section 49.09(b) provides that this offense is a third degree felony if the person has two prior DWI convictions. The indictment alleged that appellant had six such previous convictions.

Before trial, appellant stated to the court that he would stipulate to two previous DWI convictions if the State would be foreclosed from mentioning his prior convictions in any way to the jury. The…