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CHURCH v. STATE

No. 01-96-00827-CR.

942 S.W.2d 139 (1997)

Todd Lee CHURCH, Appellant, v. The STATE of Texas, Appellee.

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

Discretionary Review Refused May 21, 1997.

Attorney(s) appearing for the Case

Keith Hampton, Houston, for appellant.

John H. Harrity, Richmond, for appellee.

Before NUCHIA, COHEN, and ANDELL, JJ.

OPINION

NUCHIA, Justice.

We hereby withdraw our opinion and judgment of February 27, 1997.

Appellant, Todd Lee Church, appeals the denial of habeas corpus relief after he asserted a double jeopardy bar to the prosecution of a driving while intoxicated (DWI) charge against him. We affirm.

After his arrest for DWI, appellant refused to submit to a breath test to determine his blood alcohol content. Because of his refusal to submit, an administrative...

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