State v. Morgan

ORDER

Appellant was charged with driving while intoxicated (DWI), with one prior DWI conviction alleged for enhancement. The State filed a pretrial motion requesting that the trial court decide whether it would instruct the jury on the punishment range under Penal Code § 49.09(a) or Penal Code § 12.43(b) if the jury found Appellant guilty and the enhancement paragraph true. The trial court ruled that it would instruct the jury on the punishment range pursuant to § 12.43(b). The State appealed this order.

The Court of Appeals affirmed the trial court’s order, holding that an allegation of a…