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GARCIA v. STATE

No. 2-96-078-CR.

943 S.W.2d 215 (1997)

Benjamin Rosales GARCIA, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

April 10, 1997.

Attorney(s) appearing for the Case

H.F. Rick Hagen, Jackson & Hagen, Denton, for Appellant.

Bruce Isaacks, Crim. Dist. Atty., Dawn A. Moore, Doug Wilder, Rick Daniel, Asst. District Attorneys, Denton, Matthew Paul, State Prosecuting Atty., Austin, for Appellee.

Before LIVINGSTON, DAUPHINOT and HOLMAN, JJ.

OPINION

DAUPHINOT, Justice.

Appellant Benjamin Rosales Garcia was convicted by a jury of driving while intoxicated. The judge assessed his punishment at ninety days' confinement in the Denton County Jail and a $1,000.00 fine. Appellant appeals, bringing one point of error. He argues that the trial court erred by denying his motion for mistrial after the State attacked Appellant's counsel during final argument.

The prosecutor, Doug Wilder, argued...

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