Opinion
No. 05-03-00619-CR.
Opinion Filed February 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 194th Judicial District Court Dallas County, Texas, Trial Court Cause No. F01-60331-Rm. Affirm.
Before Justices WHITTINGTON, JAMES, and O'NEILL.
MEMORANDUM OPINION
Appellant pleaded guilty to felony driving while intoxicated. The trial court assessed punishment, pursuant to a plea bargain agreement, at ten years' confinement, probated for five years, and a $2,000 fine. In two points of error, appellant contends the trial court erred in denying his motion to quash an enhancement paragraph in the indictment. For the following reasons, we affirm the trial court's judgment. In his first point of error, appellant contends the trial court should have quashed one of the enhancement paragraphs because the conviction alleged in that paragraph was not final. Appellant relies on language in one of the trial court's orders in the prior case stating that the trial court's finding of guilt "shall not be final." However, in Williams v. State, we held language identical to the language appellant relies on did not effect the finality of a conviction for purposes of enhancement. See Williams v. State, 46 S.W.3d 463, 467 (Tex.App.-Dallas 2001, no pet.). Therefore, we overrule appellant's first point of error. In his second point of error, appellant contends the trial court should have quashed the enhancement paragraph because the State failed to prove the prior conviction was for an offense occurring after January 1, 1984. Appellant asserts that because the record shows he was given probation for the prior offense, the State was required to prove the offense occurred after January 1, 1984 to use it for enhancement purposes. See Williams, 46 S.W.3d at 466. However, the record shows the prior offense occurred on August 3, 1985. Therefore, appellant's contention is without merit. We overrule appellant's second point of error and affirm the trial court's judgment.