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STATE v. READ

No. 03-97-00186-CR.

965 S.W.2d 74 (1998)

The STATE of Texas, Appellant, v. Dean Robert READ, Jr., Appellee.

Court of Appeals of Texas, Austin.

March 12, 1998.

Attorney(s) appearing for the Case

Marcos Hernandez, Jr., Criminal District Attorney, Wes H. Mau, Assistant Criminal District Attorney, San Marcos, for Appellant.

Keith S. Hampton, Austin, for Appellee.

Before POWERS, ABOUSSIE and B.A. SMITH, JJ.

POWERS, Justice.

A jury found appellee Dean Robert Read guilty of driving while intoxicated, second offense, a class A misdemeanor. See Tex. Penal Code Ann. §§ 49.04(a), .09(a) (West Supp.1998). The court assessed punishment at confinement in the Hays County Jail for one year, probated for two years, and a $750.00 fine. Read's motion for new trial was heard and granted. The State appeals the order granting...

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