Legal Opinion

Gonzales v. State

Court of Criminal Appeals of Texas

Decided April 28, 2010No. PD-0882-08PublishedCited by 5 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · HolcombHolcomb, J.

In this case, we must determine whether appellant’s 1987 offense was a final conviction for enhancement purposes. We hold that it was and reverse the judgment of the court of appeals.

Background

Appellant Rudy Gonzales was charged with the felony offense of driving while intoxicated (DWT). 1 The indictment alleged that appellant committed the DWI offense on or about February 16, 2002, and that he had previously been convicted of DWI on November 23, 1987, and January 18, 2000. At a pre-trial hearing, on February 7, 2005, appellant moved to quash the indictment, arguing that his 1987…

3Cases cited4 opinions

  1. Getts v. StateCourt of Criminal Appeals of Texas · 2005
  2. Savant v. StateCourt of Criminal Appeals of Texas · 1976
  3. Ex Parte SerratoCourt of Criminal Appeals of Texas · 1999
  4. State v. Kindred, Texas Court of Appeals, 13th District1989

4Cited by5 opinions

  1. Danny Dale Posey v. State, Texas Court of Appeals, 2nd District (Fort Worth)2010
  2. Danny Dale Posey v. State, Texas Court of Appeals, 2nd District (Fort Worth)2010
  3. Jerry Paul Lundgren v. State, Texas Court of Appeals, 2nd District (Fort Worth)2013
  4. Lundgren v. StateCourt of Appeals of Texas · 2013
  5. Rudy Gonzales v. State, Texas Court of Appeals, 13th District2010

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