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CASSELBERRY v. STATE

No. 08-81-00136-CR.

631 S.W.2d 542 (1982)

Thomas W. CASSELBERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

Discretionary Review Refused May 26, 1982

Attorney(s) appearing for the Case

Douglas J. Brooks, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Karen Chilton Beverly, Brenda Christian, Knox Fitzpatrick, Asst. Dist. Attys., Dallas, for appellee.

Before WARD, OSBORN and SCHULTE, JJ.

OPINION

SCHULTE, Justice.

Appellant was convicted of the misdemeanor offense of driving while intoxicated and was sentenced to three days in county jail, a fine of $50.00, and was placed on probation for one year. We reverse and remand for a new trial.

At about 11:00 p. m. on December 10, 1978, Appellant's car was observed going around in circles at a high rate of speed. Officer Winter testified that Appellant...

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