D is charged with DWI comitted on 11/16/2002. He has three misd. DWI convictions final in 4/92. He has two felonies: final 6/93 and 10/98, respectively. My colleague says that Weaver v State, 87 sw3d 557 (Tex. Crim. App. 2002) will allow him to use two of the 92 convictions on the face of the indictment and then habitualize the d with the felonies. He claims Weaver means he can prove up the 98 felony conviction outside the presence of the jury and the intervention of that prior between the current charge and the 92 priors, will keep the 92 priors alive for jurisdictional purposes and the felonies available for the habitual count. I made my bet before I had seen Weaver and now I wonder if lunch is on me? The case sure seems to say that so long as the state can prove up an intervening prior to the judge, the state may allege otherwise out of time convictions on the face of the indictment to get the d to felony court.

Your colleague read Weaver the same way as the court of appeals in Eastland. See Green, No. 11-03-083-CR (June 24, 2004). Which, of course, made perfect sense to me.

There used to be a great outdoor hamburger joint not far from the courthouse in Ft Worth. I heard it's not there any more. Billy Minor's is a good bet, assuming it's still there.

Scott, if you are thinking of Beef Burger they are still around...great jalapeno burgers. You could be thinking of The Greek's; a little place on the corner of the street where they just opened the window flaps on the side of a small building and served you on the sidewalk that closed about fifteen years ago. Billy Miner's is just OK. The real place to settle a bet around here is Railhead BBQ (although old-timers will argue for Angelo's). Railhead has the tender ribs, the frosty schooners and the Thursday afternoon eye candy.