ATKINSON v. STATE

No. 2-92-328-CR.

934 S.W.2d 896 (1996)

Michael Hughes ATKINSON, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

November 21, 1996.


Attorney(s) appearing for the Case

Abe Factor, Lollar & Factor, Robert Ford, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney, Charles Mallin, Steven W. Condor and Michael Klein, Assistant Criminal District Attorneys, Fort Worth, for appellee.

Before DAY, DAUPHINOT and RICHARDS, JJ.


OPINION ON REMAND

DAY, Justice.

A jury convicted Michael Hughes Atkinson, appellant, for driving while intoxicated, and the court assessed punishment at 120 days' confinement, probated for two years, and a $500 fine. This court previously reversed and remanded this case, holding that the trial court erred by refusing to give a jury instruction to disregard intoxilyzer test results if the jury did not find the...

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