Martin's first point of error contends the trial court erred in applying section 49.09 of the Texas Penal Code to this case. Point of error two charges the trial court erred in punishing Martin for a third degree felony because the jury made no finding that the prior convictions for DWI were true. We sustain point of error two, and as sustaining point of error one would render no greater relief we do not address its merits.
