Castillo v. State

OPINION

A jury convicted Appellant of the felony offense of driving while intoxicated, committed in 1999. See V.T.C.A. Penal Code, § 49.09(b).1 The prior convictions the State alleged to elevate the offense to a felony were offenses committed more than ten years before the 1999 offense. To meet the requirements of § 49.09(e),2 the State presented evidence to the trial court outside the presence of the jury showing that *286Appellant had committed an intervening intoxication offense in 1996 and been convicted. The issue presented to this Court is whether the intervening intoxication conviction must…