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Basically, Getts was convicted of felony DWI after the court denied his motion to quash the indictment based on the remoteness of the prior convictions. The prior convictions were required in order to make the DWI a felony. The statute at the time was clear regarding the priors being within 10 years, so the conviction was reversed and remanded to the trial court for sentencing as a misdemeanor.

You can go to the Texas Court website to read the case. See Related Links.

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