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PERKINS v. STATE

No. 10-95-165-CR.

940 S.W.2d 365 (1997)

Calvin Ray PERKINS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

February 26, 1997.

Attorney(s) appearing for the Case

Kathi A. Drew, Dallas, for appellant.

John C. Vance, Criminal District Attorney, John R. Rolater, Jr., Asst. District Attorney, Dallas, for appellee.

Before CUMMINGS and VANCE, JJ., and FRANK G. McDONALD (Retired), C.J.

OPINION

FRANK G. McDONALD, Chief Justice (Retired).

Appellant Perkins appeals from his conviction for driving while intoxicated, third offense, for which he was sentenced to five years in the Texas Department of Criminal Justice, Institutional Division, probated, and a $500 fine.

About 11:00 p.m. on April 2, 1994, Dallas Firefighter Farrell investigated a parked car in the middle of the road on Military Parkway. Farrell testified that Appellant was...

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