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  5. 947 S.W.2d 313 (1997)
 

EX PARTE REYNA

No. 2-96-253-CR.

947 S.W.2d 313 (1997)

Ex parte Victor Manuel REYNA, Appellant.

Court of Appeals of Texas, Fort Worth.

June 12, 1997.

Attorney(s) appearing for the Case

J.R. Molina, Fort Worth, for Appellant.

Tim Curry, Criminal District Attorney, Charles M. Mallin, Chief of the Appellate Section, Debra Ann Windsor, Mollee Westfall, Assistant Criminal District Attorneys, Fort Worth, for Appellee.

Before CHARLES F. CAMPBELL (Sitting by Assignment), DAY and LIVINGSTON, JJ.

OPINION

PER CURIAM.

The appellant, Victor Manuel Reyna, was arrested on April 13, 1995 for the offense of driving while intoxicated. See TEX. PENAL CODE ANN. § 49.04 (Vernon 1994 & Supp. 1997). The arresting officer requested that appellant submit a breath sample, but he refused. On April 19, a misdemeanor information was filed charging appellant with driving while intoxicated. On May 25, the Texas Department of Public Safety suspended his...

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