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SHEPHERD v. STATE

No. 02-94-383-CR.

915 S.W.2d 177 (1996)

Ross Ervin SHEPHERD, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

January 25, 1996.

Attorney(s) appearing for the Case

Henry C. Paine, Jr., Denton, for Appellant.

Bruce Issacks, Criminal District Attorney; Dawn Moore, Roger Jones, and Earl C. Dobson, Assistant District Attorneys-Denton, Robert Huttash, State Prosecuting Attorney, Austin, for Appellee.

Before CAYCE, C.J., and DAUPHINOT and CHUCK MILLER (Assigned), JJ.

OPINION

CHUCK MILLER, Justice (Assigned).

This is an appeal from a conviction for driving while intoxicated. After appellant Ross Ervin Shepherd pleaded not guilty, a jury found him guilty of driving while intoxicated and assessed punishment at twelve months' confinement and a fine of $1,000. On appeal, Shepherd complains in points of error one through three that the admission of testimony that Shepherd said he would not take a breath test because he felt...

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