Phillips v. State

OPINION

DAVIS, Chief Justice.

A jury convicted Roy Lee Phillips of the offense of felony driving while intoxicated (“DWI”). See Tex. Pen.Code Ann. §§ 49.04(a), 49.09(b) (Vernon Supp.1998). Phillips pled true to four prior felony convictions alleged to enhance his punishment to the level of a habitual offender. Id. § 12.42(d). 1 The jury assessed punishment at 45 years’ confinement in the Texas Department of Criminal Justice, Institutional Division.

Phillips’s first point of error asserts that the court abused its discretion in refusing to grant his motion for new trial for obvious errors in the…