Legal Opinion
Oliva v. State
Court of Criminal Appeals of Texas
Decided May 23, 2018No. PD–0398–17PublishedCited by 83 opinions
1Opinion of the Court
Keller, P.J., delivered the opinion of the Court in which Hervey, Alcala, Newell, Keel, and Walker, JJ., joined.
Under Penal Code § 49.09(b), the existence of two prior convictions for DWI (Driving While Intoxicated) elevates a third DWI offense from a Class B misdemeanor to a third degree felony. 1 We have held that the existence of these two prior convictions is a jurisdictional fact needed to establish felony status to make the DWI offense triable in district court and is an element of that offense. 2 Today we address the status of § 49.09(a), which provides that the existence of a single…
2Cases cited46 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Boykin v. StateCourt of Criminal Appeals of Texas · 1991
- Marin v. StateCourt of Criminal Appeals of Texas · 1993
41 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- State v. RossCourt of Criminal Appeals of Texas · 2019
- v. PeopleSupreme Court of Colorado · 2020
- Franklin v. StateCourt of Criminal Appeals of Texas · 2019
- Juan Alvarez v. State, Texas Court of Appeals, 2nd District (Fort Worth)2019
- Bene A. Taylor v. State, Texas Court of Appeals, 14th District (Houston)2019
78 more not listed; retrieve them via the Exa API.