Smith v. State

OPINION

Opinion by

Justice GRANT.

Joseph Donald Smith appeals his conviction, after jury trial, for felony driving while intoxicated, third offense. He was sentenced by the court to eight years’ confinement in the Texas Department of Criminal Justice, Institutional Division, and a fine of $3,500.

Smith’s sole issue on appeal is that the State failed to produce legally sufficient evidence to sustain his conviction. Specifically, he contends that proof of his prior D.W.I. convictions, necessary to enhance his offense from a Class A misdemeanor to a felony, was insufficient as a matter of law.

Trooper…