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FLEMING v. STATE

No. B14-88-359-CR.

774 S.W.2d 751 (1989)

Scott Matthews FLEMING, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused October 25, 1989.

Attorney(s) appearing for the Case

George H. Tyson, Jr., Colin B. Amann, Houston, for appellant.

Timothy G. Taft, Houston, for appellee.

Before PAUL PRESSLER, DRAUGHN and ELLIS, JJ.

OPINION

DRAUGHN, Justice.

Appellant Scott Matthews Fleming was charged by information with driving while intoxicated. He entered a plea of nolo contendere, was found guilty, and was assessed punishment of ten days confinement, probated for a period of 90 days, and a fine of $100.00. In three points of error, he challenges the denial of his motion to suppress the intoxilyzer results because the exhaust hose on the intoxilyzer was rerouted without the written...

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