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EX PARTE PITLUK

No. 04-96-00430-CR.

940 S.W.2d 220 (1997)

EX PARTE Lee Dean PITLUK, Appellant.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled January 8, 1997.

Attorney(s) appearing for the Case

Michael C. Gross, San Antonio, for Appellant.

Robert Boyd Padgett, Assistant Criminal District Attorney, San Antonio, for Appellee.

Before LÓPEZ, STONE and GREEN, JJ.

OPINION ON REHEARING

GREEN, Justice.

This accelerated appeal questions whether driver's license suspension for refusal to submit to a breath test bars a subsequent prosecution for driving while intoxicated. We answer this question negatively and affirm the trial court's order.

We withdraw our opinion of October 9, 1996, to address Ex parte Tharp, 935 S.W.2d 157 (Tex.Crim.App.1996). However, we deny appellant...

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