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KIRBY v. STATE

No. 08-86-00010-CR.

713 S.W.2d 221 (1986)

Ronald Lee KIRBY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, El Paso.

July 16, 1986.

Attorney(s) appearing for the Case

William R. Bowden, Odessa, for appellant.

Jack P. Schulze, Big Lake, for appellee.

Before STEPHEN F. PRESLAR, C.J., and OSBORN and SCHULTE, JJ.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is an appeal from a misdemeanor jury conviction for driving while intoxicated. The court assessed punishment at thirty days confinement (probated) and a fine of $250.00. We reverse and remand.

In Ground of Error No. One, Appellant complains of the exclusion of defensive evidence. Appellant was arrested shortly after 9:00 p.m., March 10, 1985. At the time of his arrest, Appellant submitted to an

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