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 under Art. 6701Z‑1(e) is a third‑degree felony subject to enhancement under Penal Code §12.42(d), and reversed the Court of Appeals' decision that the appellant's defective notice of appeal could be cured by Rule 83, holding the defect jurisdictional. The judgment of the trial court was affirmed.