Harris V. State

Appellant, Robert Harris, appeals his conviction for felony Driving While Intoxicated (DWI). TEX. PEN. CODE ANN. §§ 49.04, 49.09(b)(2) (Vernon 2003). After pleading not guilty by reason of insanity, appellant was found guilty by a jury. Prior to trial, appellant elected to have the trial court determine his punishment in the event he was convicted. Pursuant to the habitual felony offenders statute, the trial court sentenced appellant to twenty- five years' confinement in the Institutional Division of the Texas Department of Criminal Justice. TEX. PEN. CODE ANN. § 12.42(d) (Vernon Supp. 2005). Appellant asserts four issues on appeal: (1) the evidence is factually insufficient to sustain a verdict of guilty; (2) it was improper to use one of appellant's prior DWI convictions in the jurisdictional enhancement as it was more than ten years old; (3) the State improperly used the same prior DWI conviction in the jurisdictional enhancement and for assessing the punishment; and (4) the sentence imposed on appellant violates the doctrine of proportionality. We affirm.