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FORTE v. STATE

No. 387-85.

707 S.W.2d 89 (1986)

Edward Earl FORTE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

April 9, 1986.

Attorney(s) appearing for the Case

Richard Alley, Fort Worth (Court-appointed), for appellant.

Tim Curry, Dist. Atty., and C. Chris Marshall, Asst. Dist. Atty., Fort Worth, and Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S AND STATE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted by a jury of driving while intoxicated. Punishment was assessed at confinement in jail for 30 days and a fine of $200.00.

The Second Court of Appeals reversed appellant's conviction, holding that appellant was denied a limited right to counsel prior to making a decision whether to provide a breath sample for an intoxilyzer test for alcohol...

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