James Daniel Human v. State Texas

To vest jurisdiction in the district court and to establish that James Daniel Human, hereinafter appellant, had committed the felony offense of driving while intoxicated, the State alleged in the indictment the following: that (1) appellant committed the primary offense of driving while intoxicated, (2) he had previously been twice finally convicted of committing the felony offense of driving while intoxicated, and (3) the first alleged prior felony conviction had become final before he was convicted of the last alleged prior felony conviction. See Art. 6701L, V.A.C.S. Also see and compare V.T.C.A., Penal Code, ? 12.42 (d), and the cases collated thereunder, which concern pleading and proof regarding prior felony convictions alleged to enhance the punishment of an "habitual" criminal to a minimum of 25 years confinement and not more than 99 year confinement or life imprisonment in the Department of Corrections.