Porter v. State

OPINION

VANCE, Justice.

Henry Lee Porter appeals a conviction for driving while intoxicated (DWI). 1 Porter’s conviction depends on whether “[DWI] First Offense” is a lesser-included offense of “[DWI] Second Offense.” Because we conclude that the two are not separate offenses, we will reverse and remand the cause for a new trial.

BACKGROUND

On December 30, 1993, an investigator from the Copperas Cove Police Department arrested Porter for DWI. Art. 6701/ — 1, supra note 1. Porter was charged by information with what the State alleged to be his second DWI offense, a misdemeanor. Id. art. 6701/ —…