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STATE v. COMEAUX

No. 318-90.

818 S.W.2d 46 (1991)

The STATE of Texas, Appellant, v. Pervis Joseph COMEAUX, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 3, 1991.

Attorney(s) appearing for the Case

Christopher M. Gunter, Austin, for appellee.

Ken Oden, County Atty., Alia Moses, Asst. County Atty., Robert Huttash, State's Atty., and Carl E.F. Dally, Asst. State's Atty., Austin, for the State.

Before the Court en banc.

OPINION ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Pervis Joseph Comeaux, appellee, charged with driving while intoxicated, TEX.REV.CIV.STAT.ANN. art. 6701Z-1, filed a pretrial motion to suppress the result of a blood alcohol content analysis conducted upon a sample of his blood. He argued that the blood sample was seized and analyzed in violation of the Fourth Amendment of the United States Constitution and Article 1, Section 9 of the...

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