Garza v. State

OPINION

KENNEDY, Justice.

In a jury trial appellant entered a plea of guilty to an indictment charging him with a subsequent offense of driving a motor vehicle while intoxicated. Punishment was assessed by the jury at five months’ confinement in the Nueces County Jail.

The record reflects that on October 31, 1979, appellant entered a plea of nolo con-tendere to, and was convicted of, a previous charge of driving while intoxicated. In *667the instant case appellant’s indictment states, as an element of the offense charged, that he was convicted of the previous misdemeanor offense of driving while…