Gaddy, Jeromy J.

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

No. PD-1118-11

JEROMY GADDY, Appellant

v.

THE STATE OF TEXAS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS DENTON COUNTY

Per curiam.

OPINION

Appellant was convicted of felony driving while intoxicated and sentenced to 3 years

confinement. On appeal, Appellant claimed that the prior DWI convictions from New

Mexico were insufficient to elevate his offense to a felony under Texas Penal Code

§49.09(b)(2). The Court of Appeals reversed. Because an instruction on the lesser offense

of misdemeanor DWI was neither requested nor given by the trial court, the court reversed

the trial court’s judgment and rendered a judgment of acquittal. Gaddy v. State, No. 2

02-09-00347-CR (Tex. App.–Ft. Worth, May 19, 2011). The State petitioned this Court for

discretionary review

When the Court of Appeals issued its opinion in this case, it did so without the benefit

of this Court’s recent opinion in Bowen v. State, ___ S.W.3d ___; No. PD-1607-10 (Tex.

Crim. App. June 20, 2012). Therefore, we vacate the judgment of the Court of Appeals and

remand for that court to consider the effect of Bowen, if any, on its reasoning and analysis

in this case.

Filed: September 26, 2012 Do Not Publish