BEA ANN SMITH, Justice.
The State of Texas appeals from a trial-court order granting appellee Steven Schaefer's motion to suppress evidence in his jury trial for the offense of driving while intoxicated (DWI). See Tex. Penal Code Ann. § 49.04 (West Supp.1999). The State also appeals the court's subsequent order discharging an empaneled and sworn jury. In two points of error, the State claims that the trial court abused its discretion (1) in granting appellee...
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