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SMITHEY v. STATE

No. 2-91-386-CR.

850 S.W.2d 204 (1993)

David K. SMITHEY, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

Publication Ordered March 30, 1993.

Rehearing Overruled March 30, 1993.

Attorney(s) appearing for the Case

Robert Ford, Fort Worth, for appellant.

Tim Curry, Steven W. Conder, Leslie Hardy, Crim. Dist. Attys., Fort Worth, for the State.

Before LATTIMORE, DAY and ASHWORTH (Retired), JJ., Sitting by Assignment.

OPINION

ASHWORTH, Justice (Retired).

A jury found appellant guilty of driving while intoxicated. The trial court set his punishment at a fine of three hundred and fifty dollars and ninety days jail confinement, probated for two years.

We reverse and remand.

Appellant's one point of error contends the trial court erred in refusing to charge the jury on the validity of the observation period that is required by law as a predicate to admission...

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