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THARP v. STATE

No. 168-96.

935 S.W.2d 157 (1996)

Ex Parte James Martin THARP, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

November 27, 1996.

Attorney(s) appearing for the Case

Greg Westfall, Fort Worth, for appellant.

Debra Ann Windsor, Asst. Dist. Atty., Fort Worth, Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

MANSFIELD, Judge.

Appellant, James Martin Tharp, was stopped on February 5, 1995 and arrested for suspicion of driving while intoxicated by a Fort Worth police officer. Appellant agreed to provide a specimen of his breath at the time of his arrest so that it could be tested for alcohol concentration. The test revealed an alcohol concentration level of at least 0.10. Appellant was served with...

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