State v. Peralta
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The Supreme Court reversed Defendant's conviction and sentence for a DUI fourth offense, holding that Defendant was entitled to the expungement provision in effect at the time he committed an underlying offense.
The State charged Defendant with a DUI third offense - a misdemeanor - but then amended the charge to DUI fourth offense - a felony - based on Defendant's three prior Texas DUI convictions. Defendant filed a motion to amend the felony back to a misdemeanor, arguing that his first conviction should be expunged. The district court denied the motion, after which Defendant pleaded guilty to DUI fourth offense. The Supreme Court reversed, holding that the district court erred when it considered Defendant's first DUI conviction in 1990 when sentencing for his DUI conviction in 2015 because his 1990 DUI conviction should have been expunged.
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