M--- A--- B--- v. STATE

No. 05-85-00632-CR.

718 S.W.2d 424 (1986)

M___ A___ B___, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

October 7, 1986.


Attorney(s) appearing for the Case

William J. Kleinhauf, William V. Dorsaneo, John D. Byers, Dallas, for appellant.

Mary Jo Kain, Asst. Dist. Atty., Dallas, for appellee.

Before STEPHENS, STEWART and GUILLOT, JJ.


STEPHENS, Justice.

On motion of appellant the former opinion of this court is withdrawn and this one is substituted without changing our judgment.

Appellant was convicted for driving-while-intoxicated, sentenced, and the sentence probated. The conviction is reversed and the cause is remanded for trial.

At trial, after both sides had rested and closed, a hearing was held outside the presence of the jury. At the hearing, appellant asked the prosecutor...

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