- Tex. App. Dist. 7
- James T. Campbell Justice
The appellant was convicted of the offense of allegedly driving while intoxicated, third offense or more and enhanced. Two judgments contain the same name as appellant and reflect a third DWI offense in April 1990 following a second such offense in June 1989 in the same county. Though defendants are probably the same person, for proof beyond a reasonable doubt "probably" is not good enough. The trial court's judgment is affirmed as modified and remanded for a new punishment hearing. Amarillo Court of Appeals, No. 07-12-00105-CR, 01-28-2013.