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  5. 818 S.W.2d 149 (1991)
 

TEXAS DEPT. OF PUBLIC SAFET v. QUINTERO

No. 13-90-461-CV.

818 S.W.2d 149 (1991)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Elvira Rocha QUINTERO, Appellee.

Court of Appeals of Texas, Corpus Christi.

October 10, 1991.

Attorney(s) appearing for the Case

Rene B. Gonzalez, Asst. County Atty., Luis V. Saenz, County Crim. Dist. Atty., Brownsville, for appellant.

Nemecio L. Lopez, Jr., Harlingen, for appellee.

Before HINOJOSA, SEERDEN and DORSEY, JJ.

OPINION

HINOJOSA, Justice.

The Texas Department of Public Safety brings this appeal from an order probating the driver's license suspension of Elvira Rocha Quintero, appellee. Quintero refused to provide a breath specimen upon request after she was arrested for driving while intoxicated. See Tex.Rev.Civ.Stat. Ann. art. 6701Z-5, §§ 1-2 (Vernon Supp. 1991). By one point of error, the DPS complains that the trial court exceeded its jurisdictional...

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