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STATE v. MELENDES

No. 04-93-00742-CR.

877 S.W.2d 502 (1994)

STATE of Texas, Appellant, v. Rose Marie MELENDES, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied June 16, 1994.

Attorney(s) appearing for the Case

Barbara Hervey, Asst. Crim. Dist. Atty., San Antonio, for appellant.

Wayne A. Christian, II, Christian, Wheeler & Churak, P.C., Carmen R. Rojo, San Antonio, for appellee.

Before PEEPLES, LOPEZ and STONE, JJ.

PEEPLES, Justice.

The State appeals an order granting defendant's motion to suppress the results of an intoxilyzer test. The defendant pleaded not guilty to the offense of driving while intoxicated. After a suppression hearing, the trial court concluded that 37 TEX.ADMIN.CODE §§ 19.3(c)(1) and (i) require the same operator to both observe the subject for fifteen minutes and administer the intoxilyzer test. See 37 TEX.ADMIN.CODE §§ 19.3(c...

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