Martin v. State

OPINION

DON BURGESS, Justice.

On trial for intoxication manslaughter, a jury convicted Mel Litherland Martin of the lesser included offense of driving while intoxicated. The trial court determined that because Martin had been previously convicted of two DWIs, she should be punished for felony DWI (third degree). The trial court sentenced Martin to three years’ confinement, suspended for five years.

Martin’s first point of error contends the trial court erred in applying section 49.09 of the Texas Penal Code to this case. Point of error two charges the trial court erred in punishing Martin for a…