Here are the facts:

D pleas to DWI in County Court.
Less than 30 days after plea, D is stopped and arrested for another DWI. Subsequent DWI would be a felony. Is it?

Excellent and understandable brightline decision this week form CCA. See TDCAA weekly. If the case was on appeal or appealable at time of trial, no conviction. Time of trial seems to be the issue.

Does it make a difference that the defendant pled guilty, though? If a defendant waives his right to appeal, does the time to file notice of appeal still need to run before the conviction is final?

My reading of that case seems to draw the line there. If there was a way to appeal it it is not final. Yet as the commentary in the weekly states, wait fore 30 days and it is final! Charge it, if the defendant does not appeal it is final at trial time. If he does appeal hold off at trial till he loses (it was a plea after all) then it is final at trial.