Ex Parte Shoe

OPINION ON REMAND

This case is before us on remand for consideration of the State’s contention that appellant pro se Thomas Franklin Shoe is estopped from arguing that his 1997 conviction for driving while intoxicated (DWI) is illegal because he accepted the benefit of a fine not being assessed.

Pursuant to a plea bargain agreement, appellant was convicted of DWI on October 16, 1997, and sentenced to forty days in jail. On March 1, 2002, appellant filed an application for writ of habeas corpus in the trial court pursuant to the Texas Constitution, arguing that the conviction and judgment are…