STATE v. SELLS

No. 3-90-114-CR.

798 S.W.2d 865 (1990)

The STATE of Texas, Appellant, v. Ervin Richard SELLS, Appellee.

Court of Appeals of Texas, Austin.

October 17, 1990.


Attorney(s) appearing for the Case

Kimbel L. Brown, Asst. County Atty., New Braunfels, for appellant.

Emil Holiner, San Antonio, for appellee.

Before SHANNON, C.J., and ABOUSSIE and JONES, JJ.


PER CURIAM.

The State appeals an order granting appellee's motion to suppress evidence. Tex. Code Cr.P.Ann. art. 44.01(a)(5) (Supp.1990). The underlying cause is a prosecution for driving while intoxicated, first offense, and the evidence suppressed is the result of appellee's breath test.

Appellee was arrested on the night of July 30, 1989, and taken to the sheriff's department. After being advised of his rights as required by Tex.Rev.Civ.Stat. Ann. art....

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