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STATE v. THOMAS

No. 05-96-01664-CR.

938 S.W.2d 540 (1997)

The STATE of Texas, Appellant, v. Latun THOMAS, Appellee.

Court of Appeals of Texas, Dallas.

January 31, 1997.

Attorney(s) appearing for the Case

Lawrence G. Boyd, Dallas, for appellant.

Tom O'Connell, Criminal District Attorney, McKinney, for appellant.

Before THOMAS, C.J., and MALONEY and HANKINSON, JJ.

OPINION

HANKINSON, Justice.

The State appeals the trial court's order granting Latun Thomas's motion to suppress the results of his intoxilyzer breath test and related evidence. Appellee claims the State obtained this evidence in violation of federal and state law. The appellate record, however, was not filed on its due date, September 23, 1996. Instead, the transcript and the statement of facts were tendered on October

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