DAVIS, Justice (Retired). Appellant’s motion for rehearing is granted. The opinion and judgment dated December 16,1999, are withdrawn. A jury found appellant guilty of felony driving while intoxicated (DWI). See Tex.Penal Code Ann. §§ 49.04(a), .09(b) (West Supp.2000). Also, an affirmative finding was made on appellant’s use of a dead…
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