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 jury charge in a felony DWI trial must reference the defendant's stipulation to the two prior DWI convictions, but affirmed the conviction because the appellant failed to show egregious harm from the omission. Justice Meyers dissented, arguing that the State, not the defendant, should ensure the charge includes the jurisdictional element and that the conviction should be reduced to a misdemeanor.