place, (2) is intoxicated, and, (3) by reason of that intoxication, (4) causes the death of another by accident or mistake. Id. Intoxication manslaughter is a second degree felony and carries a punishment range of two to twenty years, plus a fine of up to $10,000. Id. §§ 12.33, 49.08(b). We first dispose of appellant’s argument that felony DWI is not a felony offense, but merely a misdemeanor DWI with an enhanced punishment. In Gibson v. State, the court of criminal appeals held that in a prosecution for felony DWI, the prior intoxication offenses are elements of the charged offense and define the offense as a felony; thus, they are admitted into evidence at guilt-innocence. 995 S.W.2d 693, 696 (Tex.Crim.App.1999); see also Luedke v. State, 711 S.W.2d 657, 659 (Tex.Crim.App.1986) (<HOLDING>). Accordingly, contrary to appellant’s
holding a felony conviction for driving while intoxicated dwi may be a crime of violence recognizing that felony and misdemeanor dwi are separate offenses because a prior conviction is an essential element of felony driving while intoxicated but it is not an element of the misdemeanor offense holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense holding that misdemeanor offense of driving while intoxicated constitutes a crime of violence under ussg  4b12a holding that proof of an agreement to commit a felony is not a necessary element in a conviction for the commission of the felony