Velasquezv.State

Court of Appeals of Texas, Fifth District, DallasMay 3, 2006
No. 05-04-00739-CR (Tex. App. May. 3, 2006)

No. 05-04-00739-CR

Opinion issued May 3, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F04-32264-VJ. Reversed and Remanded.

Before Justices MORRIS, BRIDGES, and FRANCIS.


MEMORANDUM OPINION


Opinion By Justice MORRIS.

In this appeal, Jude Walker Velasquez challenges his conviction for felony driving while intoxicated. Appellant argues that the trial court lacked felony jurisdiction because the two previous DWI convictions alleged as enhancements did not occur within ten years of one another. The State concedes the trial court did not acquire proper felony jurisdiction. Both parties request that we reform appellant's judgment of conviction from a third-degree felony to a misdemeanor and remand the case back to the trial court for sentencing. After reviewing the applicable caselaw, we agree that the proper remedy is to modify and remand. See Getts v. State, 155 S.W.3d 153,155 (Tex. Crim App. 2005). We reverse the trial court's judgment and order that the judgment be modified to show appellant's conviction for the Class B misdemeanor offense of DWI, rather than for the third degree felony offense of DWI with two previous DWI convictions. We remand the cause for a new hearing on sentencing.