Legal Opinion

Getts v. State

Court of Criminal Appeals of Texas

Decided January 26, 2005No. PD-0093-04PublishedCited by 127 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · KeaslerKeasler, J.

in which PRICE, WOMACK, JOHNSON, HERVEY, and HOLCOMB, JJ., joined.

Bobby Doyle Getts was charged with a DWI committed in 2002. The indictment alleged two previous DWI convictions— one in 1997 and one in 1984. We must decide whether these previous convictions were sufficient to elevate the 2002 offense to a third-degree felony. Based on the 2001 amendments to the DWI statute, we conclude that the answer is no.

Facts and Procedural History

Getts was charged by indictment with driving while intoxicated. The indictment further alleged that prior to the commission of that offense, Getts had…

3Cases cited5 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Boykin v. StateCourt of Criminal Appeals of Texas · 1991
  4. United States Ex Rel. Totten v. Bombardier Corp.Court of Appeals for the D.C. Circuit · 2004
  5. Bobby Doyle Getts v. State, Texas Court of Appeals, 12th District (Tyler)2003

4Cited by127 opinions

  1. Ex Parte OwensCourt of Criminal Appeals of Texas · 2006
  2. Powell v. HockerCourt of Criminal Appeals of Texas · 2017
  3. Ferguson v. StateCourt of Appeals of Texas · 2014
  4. Mahaffey v. StateCourt of Criminal Appeals of Texas · 2010
  5. Ivey v. StateCourt of Criminal Appeals of Texas · 2009

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