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JOHNSON v. STATE

No. 01-95-00440-CR.

920 S.W.2d 692 (1996)

John Henry JOHNSON, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 11, 1996.

Attorney(s) appearing for the Case

Stavis Gilbreath, Houston, for Appellant.

John B. Holmes Jr., Alan Curry, Derek Adame, Houston, for Appellee.

Before COHEN, HEDGES and MIRABAL, JJ.

OPINION

MIRABAL, Justice.

Appellant, John Henry Johnson, Jr., appeals his conviction for DWI. We affirm.

The issue in this case is whether the administrative suspension of the driver's license of one who refuses to take a breath test after being arrested for driving while intoxicated (DWI), constitutes a bar to prosecution for DWI on the basis of double jeopardy.

The record shows that on January 24, 1995, a Houston police officer clocked...

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