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JONES v. STATE

No. 246-88.

795 S.W.2d 171 (1990)

Gayle Lee JONES, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

May 2, 1990.

Attorney(s) appearing for the Case

Pete Gilfeather, Fort Worth, for appellant.

Jorge A. Solis, Dist. Atty., Sara A. Fauls, Asst. Dist. Atty., Abilene, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

WHITE, Judge.

In Miffleton v. State, 777 S.W.2d 76 (Tex.Cr.App.1989), we made it clear that compelling a DWI suspect to perform sobriety tests on videotape did not call for testimonial responses and therefore offended neither the United States nor the Texas Constitutions. This holding applied only to the visual part...

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