Does anybody have a good Stipulation of Prior DWI Convictions that you would willing to share? If so, you can email it to me as an attachment. Thanks.

I seem to remember a John Bradley article in a not too distant edition of the Texas Prosecutor that had a good sample stipulation in it.

I e-mailed the one that we use. If anyone else needs it, just e-mail me and I'd be happy to send it on.

A couple of weeks ago, Judge Cochran wrote a great dissenting opinion in a case dealing with the Tamez-type stipulation. Read it and you will know what to do the next time this comes up. She also provides the procedure and wording for a stipulation.

Go to:

http://www.cca.courts.state.tx.us/opinions/130500d.htm#N_1_

The one thing Tamez and Robles must leave available is that where there are more than two priors alleged, the State gets to choose which two priors it will actually seek to prove. The defendant would naturally choose the two oldest ones to include in his stipulation. You should be able to force a stipulation to whichever two you choose. This is also a reason to continue to allege as many priors as there are.