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RANGEL v. STATE

No. 47745.

502 S.W.2d 152 (1973)

Emilio RANGEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 5, 1973.

Attorney(s) appearing for the Case

Charles L. Rittenberry, Amarillo, for appellant.

Tom Curtis, Dist. Atty., and Gene Storrs, Asst. Dist. Atty., Amarillo, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

In a trial before the court appellant was convicted of driving while intoxicated as a second offender; the punishment, two (2) years imprisonment.

Appellant's sole contention is that the trial court erred in admitting evidence of the results of a breathalyzer test, over objection, when no proper predicate had been laid for its admission.

Recently in French v. State, 484 S.W.2d 716

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