Mitchell v. State

A jury found appellant guilty of driving while intoxicated, third offense. Tex.Rev. Civ.Stat.Ann. art. 6701/-l(e) (Supp.1991). The jury found that another person suffered serious bodily injury as a direct result of the offense, and assessed punishment at imprisonment for five years and a $2500 fine. Art. 6701Z-l(f). The jury also made an affirmative finding that appellant used a deadly weapon, the automobile, during the commission of the offense.

Appellant contends that the indictment did not allege a felony offense and that the district court was without jurisdiction as a consequence. We…