HARRELL v. STATE

No. 720-85.

725 S.W.2d 208 (1986)

Bennie Lloyd HARRELL, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

December 17, 1986.


Attorney(s) appearing for the Case

William D. Engle, Jr., San Antonio, for appellant.

Sam D. Millsap, Jr., Dist. Atty. and Edward F. Shaughnessy, III, Asst. Dist. Atty., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

The San Antonio Court of Appeals reversed appellant's conviction for driving while intoxicated, holding that the test results and interpretation thereof from appellant's breath test should not have been admitted at trial. The Court held that the State failed to show a part of the intoxilyzer equipment was individually certified as required by the Breath Alcohol Testing Regulations (hereinafter...

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