Court of Criminal Appeals of Texas
Gary Don Hollen, Appellant v. the State of Texas
September 10, 20032003 Tex. Crim. App. LEXIS 302
Summary
The Texas Court of Criminal Appeals held that the State may inform the jury of a defendant's stipulation to the two prior DWI convictions required for felony jurisdiction, may admit the stipulation into evidence, and may reference those prior convictions during voir dire, opening statements, closing arguments, and jury instructions. Accordingly, the Court reversed the Court of Appeals and affirmed the trial court's judgment. A concurring opinion noted that the majority does not decide whether the jury must be told the specific nature of the prior offenses or whether all references are proper.