Legal Opinion
Weaver v. State
Court of Criminal Appeals of Texas
Decided September 11, 2002No. 215101PublishedCited by 68 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HolcombHolcomb, J.
in which KELLER, P.J., and MEYERS, PRICE, WOMACK, KEASLER, HERYEY and COCHRAN, JJ., joined.
Texas Penal Code §§ 49.04 and 49.09(b) define felony driving while intoxicated (DWI) as DWI plus two prior intoxication-related convictions. For purposes of proving felony DWI, Texas Penal Code § 49.09(e) bars the State from using intoxication-related convictions that are more than ten years older than the instant offense (“remote convictions”), unless there exists another intoxication related conviction within ten years of the instant offense (“intervening conviction”).1 The Sixth Court of…
3Cases cited5 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Jones v. United StatesSupreme Court of the United States · 1999
- Gibson v. StateCourt of Criminal Appeals of Texas · 1999
- Rodriguez v. State, Texas Court of Appeals, 4th District (San Antonio)2000
- Weaver v. State, Texas Court of Appeals, 6th District (Texarkana)2001
4Cited by68 opinions
- Caddell v. State, Texas Court of Appeals, 14th District (Houston)2003
- Mapes v. State, Texas Court of Appeals, 14th District (Houston)2006
- Flores v. State, Texas Court of Appeals, 6th District (Texarkana)2004
- Smith v. StateCourt of Criminal Appeals of Texas · 2005
- Bobby Doyle Getts v. State, Texas Court of Appeals, 12th District (Tyler)2003
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