Court of Criminal Appeals of Texas

Richard T. Martin, Appellant v. the State of Texas

June 28, 20062006 Tex. Crim. App. LEXIS 1285

Summary

The Court held that a felony DWI jury charge must reference the jurisdictional element of two prior DWI convictions and the defendant's stipulation to those convictions, but because the appellant did not object to the deficient charge, the error was harmless under the Almanza harm analysis and the conviction was affirmed. Justice Meyers dissented, arguing that the State, not the defendant, should be required to ensure the charge is correct.