Smith v. State

MEMORANDUM OPINION

BILL VANCE, Justice.

Rodney Smith was charged with having driven while not having the normal use of his mental and physical faculties due to the introduction of alcohol into his body. Tex Pen.Code Ann. §§ 49.01, 49.04 (Vernon 2003) (current version). The date of the offense was alleged to be September 4, 1999. The indictment contains two allegations of prior convictions for DWT, so it alleges a felony of the third degree. Id. § 49.09(b)(2), (c), (e) (Vernon Supp.2004) (current version). It further alleges two prior felony convictions, so Smith was a risk as an habitual…