OPINION HERVEY, J., delivered the opinion of the Court in which KELLER, P.J., MEYERS, PRICE, KEASLER and COCHRAN, JJ., joined. In this case, we decide that felony driving while intoxicated (felony DWI) 1 can be the underlying felony in a “felony-murder” prosecution under Section 19.02(b)(3), Tex. Pen.Code, which, among othe…
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