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ELLIS v. STATE

No. 11-85-097-CR.

696 S.W.2d 209 (1985)

Joseph Robert ELLIS, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Eastland.

July 25, 1985.

Attorney(s) appearing for the Case

John D. Moore, Moore & Smiddy, Mineral Wells, for appellant.

John Terrill, Dist. Atty., Stephenville, for appellee.

OPINION

RALEIGH BROWN, Justice.

This is an appeal from a jury conviction of driving while intoxicated, enhanced by a prior offense. Punishment was assessed at confinement in the Texas Department of Corrections for five years and a $2,000 fine. We affirm.

Appellant, Joseph Robert Ellis, Jr., was arrested on November 13, 1984, for driving while intoxicated. He was taken to the Erath County Jail and asked to take a breathalyzer test. Appellant refused...

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