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STATE v. YATES

No. 09 88 070 CR.

772 S.W.2d 182 (1989)

STATE of Texas, Appellant, v. Eugene YATES, Appellee.

Court of Appeals of Texas, Beaumont.

April 27, 1989.

Attorney(s) appearing for the Case

Lydia Clay-Jackson and D.C. "Jim" Dozier, Conroe, for the State.

L.T. Bradt, Houston, for appellee.

OPINION

DIES, Chief Justice.

On February 14, 1987, Appellee was arrested for driving while intoxicated in Montgomery County. The officer requested Appellee to submit to a video, which he refused. During the trial, Appellee reurged his motion to dismiss for failure of the State to video Appellee as required by TEX.REV.CIV.STAT.ANN. art. 6701l-1 (Vernon Supp.1989). The court granted the motion and dismissed the driving while intoxicated information...

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