Court of Criminal Appeals of Texas

Gene Autry Jones, Appellant v. the State of Texas, Appellee

September 26, 19901990 Tex. Crim. App. LEXIS 147

Summary

The Court affirmed that a third‑offense DWI is a third‑degree felony subject to enhancement under Penal Code §12.42, but reversed the Court of Appeals' ruling that the appellant's defective notice of appeal could be cured by Rule 83, holding the defect was jurisdictional. Justice Teague dissented, arguing the defect should be curable.