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STATE v. GONZALES

No. 04-92-00196-CR.

850 S.W.2d 672 (1993)

STATE of Texas, Appellant, v. Justo GONZALES, Jr., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied February 26, 1993.

Second Rehearing Denied April 28, 1993.

Attorney(s) appearing for the Case

Steven C. Hilbig, Criminal Dist. Atty., Angela Moore, Angus K. McGinty, A.J. Dimaline, IV, Asst. Criminal Dist. Attys., San Antonio, for appellant.

John D. Wennermark, San Antonio, for appellee.

Before PEEPLES, BIERY and GARCIA, JJ.

ON APPELLEE'S MOTION FOR REHEARING

GARCIA, Justice.

This opinion replaces our opinion issued December 23, 1992. Appellant, the State, appeals an order granting appellee's motion to suppress evidence. TEX.CODE CRIM. PRO.ANN. art. 44.01(a)(5) (Supp.1992). The underlying cause is a prosecution for a driving while intoxicated offense, and the evidence suppressed is the result of a blood test. We reverse and remand the case to the trial court.

Appellee...

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