Uriega v. State

OPINION

Opinion by

PHYLIS J. SPEEDLIN, Justice.

Juan Antonio Uriega (“Uriega”) was convicted of the felony offense of driving while intoxicated (“DWI”). In his sole issue on appeal, Uriega asserts that the trial court lacked felony jurisdiction because one of the prior DWI convictions used to elevate his current offense from a misdemeanor to a felony was too remote. We vacate the judgment and dismiss the indictment.

Background

Uriega had two prior DWI convictions in 1979 and 1994 when he was charged with a third DWI committed on May 21, 2002. Under the statute, the State was required to prove…