Clark v. State

OPINION

MORRISON, Judge.

The offense is driving while intoxicated, second offense; the punishment, three (3) years in the Department of Corrections.

The sole ground of error relates to the admission at the punishment hearing of a prior misdemeanor conviction for driving while intoxicated. The prior conviction was not alleged for jurisdictional purposes. Appellant contends the judgment did not affirmatively reflect that appellant had been represented by counsel.

An examination of the record in this cause fails to show that appellant at any time testified, or even claimed, that he was without…