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EPPERSON v. STATE

No. 57356.

578 S.W.2d 398 (1979)

Thomas Brooks EPPERSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied April 4, 1979.

Attorney(s) appearing for the Case

Richard Grainger and Mike A. Hatchell, Tyler, for appellant.

Henry M. Wade, Dist. Atty., Ronald D. Hinds, Terry Madden and Sam G. Longoria, Asst. Dist. Attys., Dallas, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.

Rehearing En Banc Denied April 4, 1979.

OPINION

PHILLIPS, Judge.

This is an appeal from a conviction for driving while intoxicated. The penalty was assessed at three days' imprisonment and a $500.00 fine.

Appellant's first ground of error claims that the State failed to establish the predicate for the admissibility of State's Exhibit No. 1, a Texas Department of Public Safety breathalyzer operational...

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