Opinion
No. 04-06-00672-CR
Delivered and Filed: May 2, 2007. DO NOT PUBLISH.
Appeal from the County Court at Law No. 2, Bexar County, Texas, Trial Court No. 951248, Honorable H. Paul Canales, Judge Presiding. AFFIRMED.
Sitting: Alma L. LÓpez, Chief Justice, Catherine Stone, Justice, Phylis J. Speedlin, Justice.
MEMORANDUM OPINION
Robert Jimenez was convicted of a Class A misdemeanor of driving while intoxicated because his offense was enhanced by a prior conviction. See Tex. Pen. Code Ann. §§ 49.04; 49.09(a) (Vernon Supp. 2006) (enhancing driving while intoxicated offense from Class B misdemeanor to Class A misdemeanor if person previously convicted of driving while intoxicated). On appeal, Jimenez asserts that the trial court erred in denying his motion to quash because the prior offense was committed more than ten years before the charged offense. This court recently rejected the same arguments made by Jiminez in State v. Sanchez, No. 04-06-00542-CR, 2007 WL 748691 (Tex.App.-San Antonio Mar. 14, 2007, no pet. h.) (not designated for publication). Although arising in the context of a felony, we held that when an offense is committed after the effective date of the 2005 amendment to chapter 49 of the Texas Penal Code, the defendant is subject to the current version of chapter 49 which does not include a ten-year limitation on the use of prior convictions to enhance an offense under that chapter. Id. at *1. Because the offense in the instant case was committed in 2006, no ten year limitations provision applies. Id. The judgment of the trial court is affirmed.