Ricky A. McCoy v. Commissioner of Public Safety — Katz, J., dissenting

Summary

Justice Katz, joined by the Chief Justice and another justice, dissented from the majority's conclusion that a second qualifying violation of the state's driving-under-the-influence statute constitutes a felony. The dissent reasoned that the Penal Code's motor vehicle violation exception encompasses any breach of a motor vehicle law, including the statute at issue, so the violation cannot be classified as a crime or felony. Justice Katz would have affirmed the trial court's order removing the plaintiff's convicted-felon designation.