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SMITH v. STATE

No. 06-98-00255-CR.

1 S.W.3d 261 (1999)

Joseph Donald SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided August 17, 1999.

Rehearing Overruled September 1, 1999.

Attorney(s) appearing for the Case

Ebb B.Mobley, Longview, for appellant.

Tim Cone, Dist. Atty., Gilmer, for appellee.

Before CORNELIUS, C.J., GRANT and ROSS, JJ.

OPINION

Opinion by Justice GRANT.

Joseph Donald Smith appeals his conviction, after jury trial, for felony driving while intoxicated, third offense. He was sentenced by the court to eight years' confinement in the Texas Department of Criminal Justice, Institutional Division, and a fine of $3,500.

Smith's sole issue on appeal is that the State failed to produce legally sufficient evidence to sustain his conviction. Specifically, he contends that proof...

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