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HOWARD v. STATE

No. B14-86-917-CR.

744 S.W.2d 640 (1987)

John Thomas HOWARD, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

December 23, 1987.

Attorney(s) appearing for the Case

Paul Nugent, Houston, for appellant.

John B. Holmes, Jr., Timothy G. Taft, Houston, for appellee.

Before PAUL PRESSLER, MURPHY and ELLIS, JJ.

OPINION

PAUL PRESSLER, Justice.

Appellant was convicted of driving while intoxicated. The court assessed punishment at one year in jail, probated for two years, and a $500 fine. Appellant complains that his consent to take an intoxilyzer test was involuntarily given. We reverse and remand for a new trial.

A police officer saw the appellant driving in circles in a parking lot. The officer stopped him and...

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