IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

DENISE MARIE DOTY, Appellant

v.

THE STATE OF TEXAS

Denise Marie Doty was found guilty by a jury of intoxication manslaughter. The jury sentenced Doty to fifteen years' imprisonment. Doty appealed, arguing that: (1) the trial judge violated Texas Code of Criminal Procedure Article 55.04 by admitting testimony at punishment regarding her expunged driving while intoxicated offense; and (2) the trial judge erred in not admitting the judgment of acquittal from her driving while intoxicated case. ⁽¹⁾ The Third Court of Appeals disagreed, and affirmed the judgment of the trial court. ⁽²⁾

We granted two grounds of Doty's petition for discretionary review: (1) whether the court of appeals erred in holding that testimony pertaining to a charged offense that had been expunged was admissible; and (2) whether the court of appeals erred in holding that the judgment of acquittal in Doty's driving while intoxicated case was admissible. After examining the record and briefs and considering the arguments in the case, we conclude that our decision to grant review was improvident. We therefore dismiss grounds two and three of Doty's petition as improvidently granted.

DATE DELIVERED: March 21, 2007

DO NOT PUBLISH

1.Doty v. State, No. 03-03-00668-CR, 2005 Tex. App. LEXIS 3994, at *8-12 (Tex. App.--Austin May 26, 2005) (not designated for publication).

2.Id. at *8-12, 20.