Rizo v. State

OPINION

ARNOT, Chief Justice.

The issue on appeal is whether a 1992 conviction for driving while intoxicated, where the imposition of the sentence was suspended and the defendant was placed on community supervision, is a “final” conviction for purposes of enhancement under TEX. PENAL CODE ANN. § 49.09 (Vernon Supp. 1998) in the trial of a subsequent driving while intoxicated offense. We hold that it is under the special enhancement provisions for operating while intoxicated offenses.

The jury convicted appellant of driving while intoxicated as a second offense. 1 The trial court assessed…