We have a kidnapping case where we are trying to enhance with a prior felony DWI conviction dated July 1982. The problem is that the indictment on which the judgment is based alleges only one prior conviction. The library for TDCAA only goes back to 1983 which requires 2 prior convictions. Does anyone have a copy of Vernons 1982 Art 6701l-1?
Only 1 prior was needed until 1/1/84. Guinn v. State, 696 S.W.2d 436, 437 (Tex.App. 14 Dist. 1985, pet. ref'd).
Art. 67011–2 was quoted in Luedke v. State, 711 S.W.2d 657, 659 n.2 (Tex. Crim. App. 1986)("Any person who has been convicted of the misdemeanor offense of driving . . . .")
By 1986 it was "If it is shown on the trial of an offense under this article that the person has previously been convicted two or more times . . . ." Seaton v. State, 718 S.W.2d 870, 870(Tex.App. – Austin 1986) (quoting Tex.Rev.Civ.Stat.Ann. art. 6701 l–1(e) (Supp.1986)).
Thanks for the assist.
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