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FORTE v. STATE

No. 2-84-012-CR.

722 S.W.2d 219 (1986)

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

Court of Appeals of Texas, Fort Worth.

Rehearing Denied January 14, 1987.

Discretionary Review Granted April 8, 1987.

Attorney(s) appearing for the Case

Alley & Alley, Richard Alley, Fort Worth, Mallett, Trichter & Brann, J. Gary Trichter, Stanley Schneider, Houston, for appellant.

Tim Curry, C. Chris Marshall, Fort Worth, Stephen H. Capelle, Austin, for the State.

FENDER, C.J., and BURDOCK and HILL, JJ.

OPINION ON REMAND

FENDER, Chief Justice.

This is an ongoing appeal from a conviction for DWI wherein, upon original submission, this court disposed of all intervening points of error (adversely to appellant) and ordered the case reversed because appellant's rights under the sixth amendment to the Constitution of the United States were violated when he was denied the privilege of consultation with counsel before giving a breath sample to be tested for alcoholic...

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