Bobby Doyle Getts, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas held that the 2001 amendment to Penal Code § 49.09(e) renders Bobby Doyle Getts's 1984 DWI conviction unavailable for enhancement, so the 2002 offense does not rise to a felony DWI and the Court of Appeals' decision is affirmed. The majority relied on the plain language of the statute and found no absurd result. Justice Cochran, dissenting, argued that the statute is ambiguous and should be read to allow the prior conviction to enhance the charge.