Oliva v. State

OPINION

Marc W. Brown, Justice

Appellant Jose Oliva appeals his conviction for the Class A misdemeanor offense of driving while intoxicated (DWI). See Tex. Penal Code § 49.09(a) (West 2015). Appellant argues, .in two issues, that the evidence is legally insufficient to prove that he: (1) has a prior DWI conviction, and (2) operated a vehicle while intoxicated. We hold that a prior DWI conviction1 is an element of the charged offense. Because there is sufficient evidence that appellant operated a vehicle while intoxicated, but no evidence during the guilt-innocence phase of the trial that…