Jones v. State

OPINION ON APPELLANT’S AND STATE’S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appeal is taken from a conviction for driving while intoxicated, third offense. Art. 6701Z-l(e), V.A.C.S. After finding appellant guilty, the trial court found appellant to be a habitual offender, V.T.C.A., Penal Code § 12.42(d), and assessed his punishment at twenty-five years imprisonment in the Texas Department of Criminal Justice, Institutional Division.

In appellant’s petition for discretionary review, he argues that the sentence of twenty-five years exceeded the maximum allowed for this offense. Appellant…