Opinion
No. 10-01-00280-CR
Opinion delivered and filed August 10, 2005. DO NOT PUBLISH.
Appeal from the 220th District Court, Bosque County, Texas, Trial Court No. 13,398. Affirmed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
A jury convicted Clarence Randolph Bryant of felony driving while intoxicated. On original submission, this Court reversed the conviction and rendered a judgment of acquittal because the State failed to place in evidence the parties' stipulation that Bryant had two prior DWI convictions. See Bryant v. State, 135 S.W.3d 130, 135-36 (Tex.App.-Waco 2004). The Court of Criminal Appeals reversed, concluding that Bryant's stipulation amounted to "a judicial admission which removed the need for proof of those convictions." Bryant v. State, No. PD-0672-04, 2005 Tex. Crim. App. LEXIS 517 at *12 (Tex.Crim.App. Apr. 6, 2005). We will affirm the conviction. Bryant contends in his sole issue that the evidence is legally insufficient to support his conviction because the State failed to place the parties' written stipulation in evidence. However, "[b]y entering into that stipulation, Bryant waived `his right to put the government to its proof of that element'" and "cannot complain on appeal that the State failed to prove `an element to which he confessed.'" Id. 2005 Tex. Crim. App. LEXIS 517 at **12-13 (quoting U.S. v. Harrison, 204 F.3d 236, 240 (D.C. Cir. 2000); U.S. v. Branch, 46 F.3d 440, 442 (5th Cir. 1995)). Accordingly, we overrule Bryant's sole issue and affirm the judgment.