David Hill Gibson, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed the Fifth Court of Appeals' judgment, holding that Texas Penal Code § 49.09(b) does not require prior intoxication‑related convictions to be sequential and therefore permits the State to enhance a DWI conviction to a third‑degree felony based on two prior involuntary manslaughter convictions arising from the same incident. The majority relied on the plain language of the statute and legislative history, while a dissent argued that the statute should be read to require separate incidents.