Englund v. State

946 S.W.2d 64 (1997)

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Englund v. State

Court of Criminal Appeals of Texas
946 S.W.2d 64 (1997)

SC

Facts

Englund (defendant) was convicted of driving while intoxicated (DWI) and placed on probation. While on probation, he was convicted of a separate DWI offense in a different county. The prosecution sought to revoke his probation. At the revocation trial, the prosecution introduced, over Englund’s objection, a certified copy of the second DWI conviction that had been faxed by a deputy clerk in the other county where the DWI took place. The trial court revoked Englund’s probation and the Houston First Court of Appeals affirmed. Englund appealed on the ground that the second conviction was improperly admitted into evidence.

Rule of Law

Issue

Holding and Reasoning (McCormick, P.J.)

Dissent (Mansfield, J.)

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