Jerry P. Lundgren v. State ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00285-CR
Jerry P. Lundgren § From Criminal District Court No. 3
§ of Tarrant County (1226629D)
v. § June 19, 2014
§ Opinion by Justice Dauphinot
The State of Texas § (p)
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in the trial court’s judgment. It is ordered that the judgment of the
trial court is reversed and this case is remanded to the trial court with instructions
that the trial court (1) modify its judgment to delete the felony repetition finding
and the felony DWI conviction and to instead reflect a Class A misdemeanor DWI
conviction (with the instant Tarrant County DWI Class B conviction enhanced by
the unchallenged 2009 Tarrant County DWI Class B conviction) and (2) conduct
a new trial on punishment.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Lee Ann Dauphinot______________
Justice Lee Ann Dauphinot