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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