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STATE v. CARROLL

No. 3-92-640-CR.

855 S.W.2d 128 (1993)

The STATE of Texas, Appellant, v. Charles N. CARROLL, Appellee.

Court of Appeals of Texas, Austin.

May 19, 1993.

Attorney(s) appearing for the Case

Marcos Hernandez, Jr., Crim. Dist. Atty., Lucy Del Prado Dietz, Asst. Crim. Dist. Atty., San Marcos, for appellant.

E. Ray Green, San Marcos, for appellee.

Before CARROLL, C.J., and ABOUSSIE and JONES, JJ.

PER CURIAM.

The State appeals an order suppressing evidence. Tex.Code Crim.Proc.Ann. art. 44.01(a)(5) (West Supp.1993). The underlying offense is driving while intoxicated. Tex.Rev.Civ.Stat.Ann. art. 6701l-1 (West Supp.1993).

On July 3, 1992, Frank Benjamin was on duty as a Southwest Texas State University campus police officer. He observed appellee driving an automobile 50 miles-per-hour in a 30 miles-per-hour zone on Sessoms Drive in San Marcos. As...

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