McCLUNG, Justice.
Richard Neal Simmons appeals his DWI conviction, asserting eleven points of error. We agree that the trial court erred by failing to submit an instruction to the jury, pursuant to Texas Code of Criminal Procedure article 38.23, regarding the lawfulness of appellant's stop; hence we reverse and remand.
The police officer who stopped appellant on the night of his arrest testified at trial that appellant's vehicle was weaving at the time of...
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