Howard v. State

OPINION

SUE WALKER, Justice.

I. Introduction

Appellant Gerald Duane Howard appeals his conviction for felony driving while intoxicated (DWI). A jury found Howard guilty and assessed his punishment at sixty years’ confinement. In two points, Howard challenges the factual sufficiency of the evidence to prove that he operated a motor vehicle while intoxicated and the factual sufficiency of the evidence establishing two prior DWI offenses utilized to enhance the present offense to a felony. We will reverse and remand.

II. Factual Background

On the night of May 6, 2002, as Annette Stull drove home from…