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STATE v. LYONS

No. 431-90.

812 S.W.2d 336 (1991)

The STATE of Texas, Appellant, v. Thomas Michael LYONS, Appellee.

Court of Criminal Appeals of Texas, En Banc.

June 26, 1991.

Attorney(s) appearing for the Case

Fred Marsh, Denton, for appellee.

Jerry Cobb, Dist. Atty., and Gwinda Burns, Asst. Dist. Atty., Denton, Robert Huttash, State's Atty., and Alfred Walker, First Asst. State's Atty., Austin, for the appellant.

Before the court en banc.

OPINION ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW

WHITE, Judge.

Appellee, Thomas Michael Lyons, was convicted by a jury of driving while intoxicated (DWI) TEX.REV.CIV.STAT.ANN. art. 6701/-1 (Vernon Supp.1990) and his punishment was assessed at a two-year probated jail sentence and a $600.00 fine. The trial court suspended the jail term and placed him on two-year probation. Appellee filed a successful motion for new trial with the trial court and the...

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