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HARDIE v. STATE

No. 432-90.

807 S.W.2d 319 (1991)

Julius Paul HARDIE, II, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Overruled April 24, 1991.

Attorney(s) appearing for the Case

John H. Hagler, on appeal only, Dallas, for appellant.

John Vance, Dist. Atty., Pamela Sullivan Berdanier, Asst. Dist. Atty., Dallas, and Robert Huttash, State's Atty., Austin, for the State.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellant was convicted by a jury of driving while intoxicated. Tex.Rev.Civ. Stat.Ann. art. 6701/-1. The trial court assessed punishment at 180 days confinement in the county jail, probated for two years, and a $150.00 fine. The court of appeals reversed the conviction, holding that the trial court erred in admitting the audio portion of the videotape wherein appellant invoked his right...

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