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ASHFORD v. STATE

No. 6-82-063-CR.

658 S.W.2d 216 (1983)

James ASHFORD, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

August 30, 1983.

Attorney(s) appearing for the Case

David Holmes, Paris, for appellant.

Tom Wells, III, Dist. Atty., Paris, for appellee.

BLEIL, Justice.

James Ashford appeals his conviction for a subsequent offense of driving while intoxicated. After arrest, Ashford refused to take a breath test for alcohol content. The issues before us are these: Did Ashford, by his attorney's cross-examination of an arresting officer, open the door for the admission of evidence of his refusal to take a breath alcohol test? In any instance, is evidence of a defendant's refusal to take a breath alcohol test now properly...

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