Legal Opinion

Lewis v. State

Texas Court of Appeals, 10th District (Waco)

Decided March 22, 2006No. 10-05-00170-CRPublishedCited by 20 opinions

1Opinion of the Court

*337OPINION

FELIPE REYNA, Justice.

A jury convicted Gordon Newell Lewis of felony driving while intoxicated and assessed his punishment at six years’ imprisonment. Lewis contends in his sole issue that the court abused its discretion by denying his motion for mistrial premised on the State’s alleged improper argument that the jury should consider the prior DWI convictions to which he had stipulated as evidence of guilt. We will affirm.

Under Tamez1 and its progeny, Lewis stipulated to the two prior DWI convictions alleged in the indictment. The parties referred briefly to the stipulation in their…

2Cases cited23 opinions

  1. Mosley v. StateCourt of Criminal Appeals of Texas · 1998
  2. Wesbrook v. StateCourt of Criminal Appeals of Texas · 2000
  3. Hawkins v. StateCourt of Criminal Appeals of Texas · 2004
  4. Lankston v. StateCourt of Criminal Appeals of Texas · 1992
  5. Ovalle v. StateCourt of Criminal Appeals of Texas · 2000

18 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Gonzalez v. StateCourt of Appeals of Texas · 2017
  2. Duffey v. State, Texas Court of Appeals, 10th District (Waco)2007
  3. Freeman v. State, Texas Court of Appeals, 10th District (Waco)2008
  4. Allan Ray Haggerty v. State, Texas Court of Appeals, 6th District (Texarkana)2007
  5. Daniel Burmeister v. State, Texas Court of Appeals, 8th District (El Paso)2008

15 more not listed; retrieve them via the Exa API.

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