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STATE v. WAGNER

No. 05-89-00675-CR.

821 S.W.2d 288 (1991)

The STATE of Texas, Appellant, v. Charles Lee WAGNER, Appellee.

Court of Appeals of Texas, Dallas.

Discretionary Review Refused February 26, 1992.

Attorney(s) appearing for the Case

Lawrence G. Boyd, Robert M. Clark, John Alan Goren, Dallas, for appellant.

Pamela Sullivan Berdanier, Dallas, for appellee.

Before ROWE, WHITTINGTON and CHAPMAN JJ.

OPINION ON REMAND

CHAPMAN, Justice.

The State of Texas appeals the ruling of the trial court granting a motion to supress. On original submission, the State presented one point of error contending that: (1) sobriety checkpoints are constitutional; (2) the trial court erred in holding that the DWI checkpoint violated the fourth amendment to the United States Constitution and Article 1, section 9 of the Texas Constitution; and (3) the trial court erred in...

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