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JOHNSON v. STATE

No. 10-94-338-CR.

913 S.W.2d 736 (1996)

Alonzo Albert JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled January 24, 1996.

Attorney(s) appearing for the Case

Jim Parker, Comanche, for appellant.

B.J. Shepherd, Bosque County Attorney, Meridian, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

THOMAS, Chief Justice.

Alonzo Johnson appeals from a conviction for driving while intoxicated (DWI). TEX.PENAL CODE ANN. § 49.04 (Vernon 1994 & Supp. 1996). In his only point of error, Johnson asserts that the court erred in its failure to grant a new trial based upon the State's failure to afford him a blood or breath test. We will affirm.

STANDARD OF REVIEW

The decision of whether to grant a new trial rests within the...

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