Take a look at 110/SW3d/512 decided on 04 Jun 03 by the Beaumont Court of Appeals. I have been thinking that a DWI 2nd should be handled like a Felony DWI, in that you plead the prior DWI convinction as an enhancement paragraph in the information, then you get to read the informaiton to the jury and get to prove it up in the guilt/innocence phase of the trial. The Beaumont Court seems to agree that a DWI 2nd should be done in this fashion. Any one else have an idea about this.

It seems to be an obvious advantage to us if we get to tell the jury that this is not the first rodeo for the Defendant.

I wouldn't bet my job on it. Reading notice of prior convictions to a jury is dependent on establishing the trial court's jurisdiction, which is not necessary for trying an enhanced misdemeanor in county court at law. The Waco Court of Appeals is perhaps the most reversed appellate court in Texas, largely because of such decisions as you mention. Perhaps Beaumont wants a piece of the reversal action.

[This message was edited by John Bradley on 09-04-03 at .]

[This message was edited by John Bradley on 09-04-03 at .]

PDR was granted on 9/10/03. See 2003 WL 22107912

I agree with Bradley on this one. I think the Beaumont opinion is going to be reversed on appeal. To hold otherwise would fly in the face of the very concerns that have been voiced by Tamex and its progeny.