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FERNANDEZ v. STATE

No. 04-94-00591-CR.

915 S.W.2d 572 (1996)

Antonio Jose FERNANDEZ, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

January 10, 1996.

Attorney(s) appearing for the Case

Mark Stevens, San Antonio, for appellant.

Catherine Torres-Stahl, Assistant Criminal District Attorney, San Antonio, for appellee.

Before L. LóPEZ, STONE and GREEN, JJ.

OPINION

GREEN, Justice.

A jury convicted Antonio Fernandez for driving while intoxicated and the court assessed a one-year term of probation and a $450 fine. Fernandez complains the trial court erred by (1) reading back testimony in violation of article 36.28 of the Code of Criminal Procedure; (2) refusing a special instruction regarding the admissibility of intoxilyzer test results; (3) admitting evidence from an uncertified breath test, the Passive Alcohol...

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