Hernandez v. State

OPINION

Opinion by:

KAREN ANGELINI, Justice.

Nature of the case

On July 13, 1996, John Hernandez was arrested for the offense of driving while intoxicated (DWI) under Tex. Penal Code Ann. § 49.04. The indictment alleged the facts supporting the offense and then alleged Hernandez’s three prior convictions for DWI. Prior to trial, Hernandez filed a motion offering to stipulate to the validity of his three prior DWI convictions if the State would be precluded from mentioning these prior offenses during the reading of the indictment and during the trial on the merits. The trial court denied the…