Gibson v. State

JOHNSON, J.,

filed a dissenting opinion, in which MEYERS, J., joined.

I respectfully dissent. Appellant was convicted of driving while intoxicated, enhanced by two prior convictions for involuntary manslaughter. See Tex. Pen.Code §§ 49.04 & 49.09. The two manslaughter convictions arose from the same incident involving Gibson’s operation of a motor vehicle while intoxicated. The Court of Appeals held that it was not error for appellant’s DWI charge to be enhanced by his two previous alcohol-related convictions, even though those convictions arose from the same DWI incident. Gibson v. State, 972…