Bobby Doyle Getts, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' decision that Bobby Doyle Getts' 2002 DWI offense is not a felony because his 1984 prior conviction is unavailable for enhancement under the plain language of Penal Code § 49.09(e). The majority applied a literal, per‑Boykin, interpretation, finding each prior conviction must be evaluated individually and all three statutory conditions are met for the 1984 conviction to be excluded.