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STATE v. MULLER

No. 160-91.

829 S.W.2d 805 (1992)

The STATE of Texas, Appellant, v. Robert A. MULLER, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied May 20, 1992.

Attorney(s) appearing for the Case

J. Gary Trichter, Kimberly De La Garza, Mike DeGeurin, Brian C. Wice, Houston, for appellee.

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr. and Joe King, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLEE'S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellee was charged by information with operating a motor vehicle in a public place while intoxicated. Tex.Rev.Civ.Stat. art. 67011-1 et seq. Appellee filed a pretrial motion to suppress an intoxilyzer breath test result and to strike a paragraph of the state's information. The trial court granted appellee's motion and the State timely filed a notice of appeal, pursuant to Tex.Code...

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