Legal Opinion

Clopton v. State

Court of Criminal Appeals of Texas

Decided November 9, 1966No. 39827PublishedCited by 16 opinions

1Opinion of the Court

OPINION

MORRISON, Presiding Judge.

The offense is driving while intoxicated as a second offender; the punishment, two years.

In making out its case as to the prior conviction alleged for enhancement, the State showed that appellant had been convicted in Potter County in a certain cause number and had been granted probation in said cause, but there was no showing that the order granting probation had been revoked. In the absence of proof of a final conviction of driving a motor vehicle on a public road while intoxicated, the evidence is insufficient to support a conviction of the subsequent…

2Cases cited2 opinions

  1. Morman v. StateCourt of Criminal Appeals of Texas · 1934
  2. Skaggs v. StateCourt of Criminal Appeals of Texas · 1954

3Cited by16 opinions

  1. Burrell v. StateCourt of Criminal Appeals of Texas · 1975
  2. State v. WilsonCourt of Criminal Appeals of Texas · 2010
  3. State v. FogelCourt of Appeals of Arizona · 1972
  4. Luedke v. StateCourt of Criminal Appeals of Texas · 1986
  5. Hogue v. State, Texas Court of Appeals, 12th District (Tyler)1987

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